MORRISSEY v. CITY OF NEW YORK

No. 95 Civ. 1374(CBM).

963 F.Supp. 270 (1997)

Stephen MORRISSEY and Donna Morrissey, Plaintiff, v. The CITY OF NEW YORK, New York County District Attorneys Office, Robert M. Morgenthau in his official capacity as District Attorney of New York County, William Burmeister, in his official capacity as Assistant District Attorney, The New York City Police Department, William I. Bratton, in his official capacity as Commissioner of the New York City Police Department, Walter J. Mack, in his official position as Chief of the Internal Affairs Bureau of the New York City Police Department, Jorge Alvarez, individually and in his official capacity as a police officer of the New York City Police Department, Defendants.

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

May 2, 1997.


Attorney(s) appearing for the Case

Michael F. Fitzgerald, New York City, for Stephen Morrissey.

Dona B. Morris, Paul A. Crotty, Corp. Counsel of the City of N.Y., New York City, for New York City, New York City Police Dept., William J. Bratton, Walter J. Mack.

Marc Frazier Scholl, N.Y. County Dist. Atty's Office, New York City, for N.Y. County Dist. Atty's Office.


OPINION

MOTLEY, District Judge.

Defendants have moved for summary judgment on plaintiffs' only federal claim in this action, a violation of 42 U.S.C. § 1983. Because the court agrees with defendants that there is no genuine issue of material fact as to defendants' use of a "custom or policy" that caused the alleged deprivation of plaintiffs' Fourth Amendment rights, this motion is granted.

BACKGROUND

Plaintiff Stephen Morrissey...

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