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AMATO v. CITY OF SARATOGA SPRINGS, N.Y.

Docket No. 97-9623.

170 F.3d 311 (1999)

Paul AMATO, Plaintiff-Appellant, v. CITY OF SARATOGA SPRINGS, NEW YORK, Saratoga Springs Police Department, Robert Flanagan, Srgt., also known as Sergeant Flanagan, John Doe, Lynn Thomas, Lt., Karyn L. Thomas, as Personal Representative of Lynn Thomas, Deceased, Kenneth E. King, Chief, Lewis J. Benton, III, Commissioner and Karyn L Thomas, as Personal Representative of Lt. Lynn Thomas, Deceased, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided March 15, 1999.

Attorney(s) appearing for the Case

David Brickman, Albany, NY, for Plaintiff-Appellant.

Veronica O'Dell, Glens Falls, NY, for Defendants-Appellees, City of Saratoga Springs, Saratoga Springs Police Department, Lt. Lynn Thomas.

John H. Pennock, Jr., Clifton Park, NY, for Defendant-Appellee, Kenneth E. King.

Before: JACOBS and SOTOMAYOR, Circuit Judges, and SAND, District Judge.

Judge JACOBS concurs in a separate opinion.

SAND, District Judge:

A. Procedural Background

Following a post-arrest altercation with police, plaintiff-appellant Paul Amato ("Amato") brought this action pursuant to 42 U.S.C. §§ 1983 and 1988 against the City of Saratoga Springs ("City"), the Saratoga Springs Police Department ("Police Department"), the police chief, Kenneth King ("King"),...

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