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MAXWELL v. CITY OF NEW YORK

No. 676, Docket 95-7464.

102 F.3d 664 (1996)

Winfred L. MAXWELL, Plaintiff-Appellee, v. CITY OF NEW YORK; the New York City Police Department; Timothy Morley, Police Officer; Angel DeJesus, Police Officer; Monserrate Badillo, Police Officer; Davie Arroyo, Police Officer; Daniel Gonin, Police Sergeant; Richard Van Leuvan, Police Sergeant; and George Vasta, Police Detective, Defendants, William Bratton, as Police Commissioner of the New York City Police Department; Thomas Kelly, Police Lieutenant; Philip Lee, Police Inspector; and Thomas Gallagher, Police Chief, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 17, 1996.

Attorney(s) appearing for the Case

Elaine R. Rothenberg-Witcoff, Assistant Corporation Counsel, New York City (Paul A. Crotty, Corporation Counsel and Larry A. Sonnenshein, of counsel), for Defendants-Appellants.

Ted E. Trief, Trief & Olk, New York City (Nelson M. Farber, of counsel), for Plaintiff-Appellee.

Before: OAKES, WINTER, and WALKER, Circuit Judges.

WINTER, Circuit Judge:

This appeal involves the constitutionality of a vehicle checkpoint. Winfred Maxwell, a retired New York City police officer, brought this action against the city of New York and various police officials and officers for alleged violations of his constitutional and civil rights, under 42 U.S.C. §§ 1983, 1985(3), and 1986, and for corresponding violations of state law. Maxwell's twenty-eight count amended complaint alleges, inter...

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