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WALKER v. SHEPARD

No. 96-CV-1687.

107 F.Supp.2d 183 (2000)

Timothy J. WALKER; Shane King; and Terrance Jackson, Plaintiffs, v. Michael A. SHEPARD; Lawrence Shepard; Salvatore T. Valent; Wayne Lints, a/k/a William Lintz; Anthony J. Leonard; Mark W. Williams, Daniel Cozza, Ronald Fontaine, Myron Maunz, Sherman F. Jones, Jr., and Fred Bruzzese, Each Individually and as a Police Officer of the City of Utica, NY; Pasquale Benzo, Individually and as a Captain of Police of the City of Utica, NY; Nicholas Yagey, Individually and as Deputy Chief of Police of the City of Utica, NY; Benny J. Rotundo, Individually and as Chief of Police of the City of Utica, NY; and The City of Utica, New York, Defendants.

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

August 7, 2000.

Attorney(s) appearing for the Case

Lockwood & Golden, Utica, NY, for plaintiffs.

Todd D. Bennett, Herkimer, NY, for defendants, Michael A. Shepard, Lawrence Shepard.

George F. Aney, Herkimer, NY, of counsel Stephen L. Lockwood, for defendant Salvatore T. Valent.

Office of the Corporation Counsel, Utica, NY, of counsel John P. Orilio, for City defendants.

MEMORANDUM-DECISION AND ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION

Plaintiffs commenced the instant action pursuant to 42 U.S.C. §§ 1983 and 1985, alleging violations of their Fourteenth Amendment right to equal protection under the law. Defendants Mark W. Williams, Daniel Cozza, Ronald Fontaine, Myron Maunz, Sherman F. Jones, Jr., Fred Bruzzese, Pasquale Benzo, Nicholas Yagey, Benny J. Rotundo...

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