TUCKER v. COUNTY OF JEFFERSON

No. 95-CV-0775.

110 F.Supp.2d 117 (2000)

James E. TUCKER, Plaintiff, v. The COUNTY OF JEFFERSON, the County of Yates, Dale Mitchell, Individually and in his official capacity as Lieutenant of the Sheriff's Department of Yates County, Bradley A. Quayle, Individually and in his official capacity as Deputy Sheriff of the Yates County Sheriff's Department, Donald A. Schneider, Individually and in his official capacity as District Attorney for Yates County, Robert C. Foster, Individually and as Assistant District Attorney for Yates County, Marilyn Outwater, Individually and in her official capacity as Town Justice for the Town of Watertown, Jefferson County, New York, Donald F. Newberry, Individually and as Sheriff of Jefferson County, John Doe and James Roe, Individually and in their official capacities as Deputy Sheriffs of Jefferson & Yates Counties; "John Doe" and "James Roe" being fictitious names, but meaning and intending to indicate Sheriffs Deputies whose names are not known to, but caused James E. Tucker to be arrested at 3:52 a.m. on March 18, 1994, at his home in Evans Mills, New York; "William Smith", being a fictitious name, but meaning and intending to indicate a member of the Yates County Sheriff's Department; Douglas VanAmburg; and "John Smith", being a fictitious name, but meaning and intending to indicate an individual not a member of a Sheriff's Department who acted in concert with some or all of the other Defendants, Defendants.

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

August 24, 2000.


Attorney(s) appearing for the Case

Case & Leader, LLP, Gouverneur NY, for plaintiff, Robert J. Leader, of counsel.

Jefferson County Attorney, Watertown NY, for Jefferson County defendants, Charles M. Thomas, David J. Paulsen, of counsel.


MEMORANDUM—DECISION & ORDER

McAVOY, District Judge.

Plaintiff commenced the instant action pursuant to 42 U.S.C. § 1983 claiming violations of his Fourth and Fourteenth Amendment rights arising out of his arrest. Presently before the Court are the Jefferson County Defendants'1 ("Defendants") motion for summary judgment pursuant to FED.R.CIV.P. 56 seeking dismissal of the Complaint in its entirety and Plaintiff...

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