MOTHERSELL v. CITY OF SYRACUSE

No. 95-CV-1452 (FJS) (GJD).

952 F.Supp. 112 (1997)

Ivan MOTHERSELL, Plaintiff, v. CITY OF SYRACUSE, Edgar Prue, and John Burke, III, Defendants.

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

January 22, 1997.


Attorney(s) appearing for the Case

Rosenthal & Drimer, Syracuse, NY (Andrew S. Greenberg, of counsel), for Plaintiff.

City of Syracuse Corporation Counsel, Syracuse, NY (Joseph E. Lamendola, of counsel), for Defendants City of Syracuse and John Burke, III.

Deperno, Khanzadian, McGrath & Lalonde,1 Barneveld, NY (Rocco Deperno, of counsel).


MEMORANDUM DECISION AND ORDER

SCULLIN, District Judge.

Introduction

Presently before the Court is Defendant Edgar Prue's ("Appellant's") appeal of Magistrate Judge Gustave J. DiBianco's September 13, 1996 Order. The underlying action concerns a civil rights action brought pursuant to 42 U.S.C. § 1983 by the Plaintiff, Ivan Mothersell, based on the alleged use of unlawful force by the Defendants, Burke and Prue, formerly Syracuse City Police...

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