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PANGBURN v. CULBERTSON

Docket No. 98-2416.

200 F.3d 65 (1999)

Mark B. PANGBURN, Plaintiff-Appellant, v. James CULBERTSON, Court Clerk; John M. York, Sheriff, & Sheriff's Property Clerk, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 21, 1999.

Attorney(s) appearing for the Case

Gregory J. Bevelock, Arnold & Porter, New York, New York (William J. Hoffman and Marc A. Silverman on the brief), for Plaintiff-Appellant.

Scott H. Smith, Law Offices of Scott H. Smith, Rochester, New York, for Defendants-Appellees.

Before: WALKER, McLAUGHLIN, CABRANES, Circuit Judges.

BACKGROUND

McLAUGHLIN, Circuit Judge:

Because this is, in part, an appeal from a grant of summary judgment to the defendants, we recite the facts in the light most favorable to plaintiff.

On June 5, 1993, Mark Pangburn assaulted a woman in her home in West Sparta, New York. The victim saw Pangburn then drive away in a Chevrolet Blazer which turned out to belong to his wife Kathleen. The Livingston County Sheriff's Department arrested Pangburn later...

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