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DIESEL v. TOWN OF LEWISBORO

Nos. 99-7831(L), 99-7840(XAP), 1405(L), 1722(XAP).

232 F.3d 92 (2000)

Lynne DIESEL, Plaintiff, Dennis J. Diesel, Plaintiff-Appellee-Cross-Appellant, v. TOWN OF LEWISBORO, Wayne E. Bennett, "John" Rutledge, first name fictitious, true first name unknown and Martin Campos, Defendants, Maurice Coley, Preston L. Felton, and Stanley Garrant, Defendants-Appellees, Thomas Larkin, Dennis O'Connell and John J. Noonan, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit. August Term, 1999.

Decided: November 9, 2000.

Attorney(s) appearing for the Case

David Lawrence III, Assistant Solicitor General for the State of New York, New York, N.Y. (Eliot Spitzer, Attorney General of the State of New York, Edward Johnson, Deputy Solicitor General, Mark Gimpel and Mary Lynn Nicolas, Assistant Solicitor Generals, on the brief), for Defendants-Appellants-Cross-Appellees and Defendants-Cross-Appellees.

Marc Rowin, New York, N.Y. (Lynch Rowin LLP, New York, NY, on the brief), for Plaintiff-Appellee-Cross-Appellant.

Before: JACOBS, LEVAL and SACK, Circuit Judges.

JACOBS, Circuit Judge:

Dennis Diesel, a New York State Trooper, brought this civil rights action under 42 U.S.C. § 1983 and New York state law against several other members of the New York State Police. Diesel had cooperated with an internal affairs investigation involving misconduct by State Police officers in Peekskill. In a subsequent unrelated incident, Diesel was found early one morning in Lewisboro, passed out or asleep behind the wheel of an official car...

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