BROWN v. CITY OF ONEONTA, NEW YORK

Docket No. 98-9375.

203 F.3d 153 (1999)

Ricky BROWN, on behalf of himself and all other persons similarly situated; Jamel Champen, on behalf of himself and all other persons similarly situated; Sheryl Champen, on behalf of herself and all other persons similarly situated; Hopeton Gordon, on behalf of himself and all other persons similarly situated; Jean Cantave, on behalf of himself and all other persons similarly situated; Raishawn Morris, on behalf of himself and all other persons similarly situated; Tim Richardson, on behalf of themselves and all other persons similarly situated; Darryl Taylor, on behalf of themselves and all other persons similarly situated; Robert Walker, on behalf of themselves and all other persons similarly situated; Clement Mallory, on behalf of themselves and all other persons similarly situated; Ronald Sanchez, on behalf of themselves and all other persons similarly situated; Darnell Lemons, on behalf of themselves and all other persons similarly situated; John Butler, on behalf of themselves and all other persons similarly situated; Jason Childs, on behalf of themselves and all other persons similarly situated; Paul Heyward, Jr., on behalf of themselves and all other persons similarly situated; Ronald Jennings, on behalf of themselves and all other persons similarly situated; Paul Howe, on behalf of themselves and all other persons similarly situated; Bubu Demasio, on behalf of themselves and all other persons similarly situated; Wilson Acosta, on behalf of themselves and all other persons similarly situated; Chris Holland, on behalf of themselves and all other persons similarly situated; Jermaine Adams, on behalf of themselves and all other persons similarly situated; Felix Francis, on behalf of themselves and all other persons similarly situated; Daniel Sontag, on behalf of themselves and all other persons similarly situated; Ronald Lynch, on behalf of themselves and all other persons similarly situated; Kenneth McClain, on behalf of themselves and all other persons similarly situated; Hervey Pierre, on behalf of themselves and all other persons similarly situated; Vincent Quinones, on behalf of themselves and all other persons similarly situated; Laurence Plaskett, on behalf of themselves and all other persons similarly situated; Lamont Wyche, on behalf of themselves and all other persons similarly situated; Steven York, on behalf of themselves and all other persons similarly situated; Tyrone Lohr, on behalf of themselves and all other persons similarly situated; King Gonzalez, on behalf of themselves and all other persons similarly situated, Plaintiffs-Appellants, Raishawn Morris, Appellant, Charles Battiste, on behalf of himself and all other persons similarly situated; Wayne Lewis, on behalf of himself and all other persons similarly situated; Michael Christian, on behalf of themselves and all other persons similarly situated; Major Barnett, on behalf of himself and all other persons similarly situated, Plaintiffs, v. CITY OF ONEONTA, NEW YORK; Police Department of the City of Oneonta, New York; John J. Donadio, Chief of Police of the City of Oneonta, in his individual and official capacities; Joseph Redmond, Oneonta Police Officer, in his individual and official capacities; William M. Davis, Oneonta Police Officer, in his individual and official capacities; X. Olsen, Oneonta Police Officer, in his individual and official capacities; Anonymous Official and Investigators of the Police Department of the City of Oneonta, in their individual and official capacities; The State of New York; State University of New York; State University of New York, College at Oneonta ("SUCO"); New York State Division of State Police; H. Karl Chandler, New York State Police Investigator, in his individual and official capacities; Robert Farrand, New York State Police Troop C Commander, in his individual and official capacities; George Clum, New York State Police Investigator, in his individual and official capacities; Kevin More, New York State Police Investigator, in his individual and official capacities; John Way, New York State Police Investigator, in his official capacities; Mark Kimball, New York State Trooper, in his individual and official capacities; Kenneth Grant, New York State Trooper, in his individual and official capacities; New York State Trooper Farrago, in his individual and official capacities; Anonymous State Police Officials and Investigators, in their individual and official capacities; SUCO Department of Public Safety; Merritt Hunt, SUCO Department of Public Safety Officer, in his individual and official capacities; Tim Jackson, SUCO Department of Public Safety Officer, in his individual and official capacities; John Edmondson, SUCO Department of Public Safety Officer, in his individual and official capacities; Hartmark Leif, in his individual and official capacities; Eric Wilson, in his individual and official capacities; Carl Shedlock, Oneonta Police Officer, in his individual and official capacities; Anonymous Public Safety Officers, in their individual and official capacities; Anonymous SUCO Computer Employees, in their individual and official capacities; Sean Ralph, Otsego County Sheriff's Deputy; Chris Lehenbauer, Otsego County Sheriff's Deputy; Anonymous Otsego City; Anonymous Otsego County Sheriff's Deputies, Investigators and/or Officers, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 26, 1999.

Motion for Reargument October 27, 1999.

Decided December 27, 1999.


Attorney(s) appearing for the Case

Motion for reargument by plaintiffs in an appeal heard on June 4, 1999 from a judgment in the United States District Court for the Northern District of New York (McAvoy, Chief Judge).

Motion denied.

Daniel A. Ruzow, Whiteman Osterman & Hanna, Albany, N.Y., for Plaintiffs-Appellants.

Denise A. Hartman, Assistant Attorney General (Eliot Spitzer, Attorney General of the State of New York, Peter H. Schiff, Acting Solicitor General, Nancy A. Spiegel, Assistant Attorney General, of counsel), Albany, N.Y., for State Defendants-Appellees.

Daniel J. Stewart, Dreyer Boyajian LLP, Albany, N.Y., for City Defendants-Appellees.

Before: OAKES and WALKER, Circuit Judges, and GOLDBERG, Judge.


PER CURIAM.

Plaintiffs-appellants have moved for reargument of their appeal. We issued a decision on October 26, 1999 affirming in part, vacating in part, and remanding. Brown v. City of Oneonta, 195 F.3d 111 (2d Cir.1999). Plaintiffs-appellants now argue that their appeal should be reheard because the attorney who argued their case before us, D. Scott Bassinson, had personal interests...

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