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NIEMANN v. WHALEN

No. 93 Civ. 7576 (WCC).

911 F.Supp. 656 (1996)

Joanne NIEMANN, Plaintiff, v. William WHALEN, sued in his official and individual capacities, and Fleet Bank, Defendants.

United States District Court, S.D. New York.

January 2, 1996.

Attorney(s) appearing for the Case

Law Offices of Michael H. Sussman, for Plaintiff, Goshen, NY, Stephen Bergstein, of counsel.

Dennis C. Vacco, Attorney General for the State of New York, Department of Law, New York City, for Defendant William Whalen, Carolyn Cairns Olson, of counsel.

Wilson, Bave, Conboy, Cozza & Couzens, P.C., White Plains, New York, for Defendant Fleet Bank, Michael J. Cozza, of counsel.

WILLIAM C. CONNER, Senior District Judge:

Plaintiff Joanne Niemann has brought this action under 42 U.S.C. § 1983 against defendants William R. Whalen, a New York State Police Investigator, and Fleet Bank, plaintiff's former employer. Each defendant has moved for summary judgment on all claims. For the reasons set forth below, defendants' motions are granted in part and denied in part.

BACKGROUND

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