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JOHNSON v. CITY OF NEW YORK

No. 93 Civ. 7263 (RWS).

940 F.Supp. 631 (1996)

Steven M. JOHNSON and Rebecca Guzman Johnson, Plaintiffs, v. The CITY OF NEW YORK, Raymond W. Kelly, Individually and as Police Commissioner, City of New York, Police Officer Workmeizter, Individually and as a Police Officer 109th Precinct; Police Officer Polis, Individually and as a Police Officer 109th Precinct, Queens, New York; and Sergeant Ordonez, Shield No. 3307, Individually and as a Police Officer, 109th Precinct, Defendants.

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

September 24, 1996.

Attorney(s) appearing for the Case

Mitchell, Incantalupo & Vafides, Forest Hills, NY (Thomas v. Incantalupo, of counsel), for plaintiffs.

Paul A. Crotty Corporation Counsel of the City of New York, New York City (Patricia LeGoff, Assistant Corporation Counsel of counsel), for defendants.

OPINION

SWEET, District Judge.

In this action brought pursuant to 42 U.S.C. § 1983 ("Section 1983") and New York State law, Defendants moved for summary judgment pursuant to Rule 56, Fed. R.Civ.P. For the reasons set forth below, Defendants' motion is granted in part and denied in part.

Parties

Plaintiff Steven M. Johnson ("Johnson") is a United States citizen residing in North Kansas City, Missouri. Plaintiff Rebecca...

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