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RARICK v. DeFRANCESCO

Civil No. 98-CV-1160 (FJS/RWS).

94 F.Supp.2d 279 (2000)

Brian RARICK, Plaintiff, v. Mark J. DeFRANCESCO, personally and in his capacity as an officer/employee of the Albany County Sheriff's Department; Craig Apple, personally and in his capacity as an officer/employee of the Albany County Sheriff's Department; Ronald Bates, personally and in his capacity as an officer/employee of the Albany County Sheriff's Department; and the Albany County Sheriff's Department, Defendants.

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

April 28, 2000.

Attorney(s) appearing for the Case

Brian E. Donohue, Office of Brian E. Donohue, Troy, NY, for Plaintiff.

Eugene E. Napierski, Blair Williams Todt, Carter, Conboy Law Firm, Albany, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

RALPH W. SMITH, Jr., United States Magistrate Judge.

This case arises under 42 U.S.C. §§ 1983 and 1988; the First, Fourth, Fifth, Sixth, and Fourteenth Amendments to the United States Constitution; and the common law of New York State. The parties have consented to have the undersigned conduct any and all further proceedings in this case, including the entry of final judgment, in accordance with 28 U.S.C. &...

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