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CIPOLLA v. COUNTY OF RENSSELAER

No. 99-CV-1813.

113 F.Supp.2d 305 (2000)

Victor J. CIPOLLA and Susan E. Martin, Plaintiffs, v. The COUNTY OF RENSSELAER, County of Rensselaer Executive's Office, Henry Zwack, individually and as County Executive for the County of Rensselaer, Joseph Cybulski, individually and as Deputy County Executive for the County of Rensselaer, Daniel Ehring, individually and as Deputy County Attorney for the County of Rensselaer, Jack Madden, individually and in his capacity as Stop DWI Coordinator for the County of Rensselaer, John Doe, an individual whose name is unknown to plaintiffs individually and in his capacity as an official of the County of Rensselaer, Jane Doe, an individual whose name is unknown to plaintiffs, individually and in her capacity as an official of the County of Rensselaer, and ABC Department, an office or department of the County of Rensselaer whose identity is unknown to the plaintiffs, Defendants.

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

September 14, 2000.

Attorney(s) appearing for the Case

Joseph R. DeMatteo, New York City, Joseph R. DeMatteo, of counsel, for Plaintiffs.

Jeffrey L. Bernfeld, New York City, Jeffrey L. Bernfeld, of counsel for Plaintiffs.

Dreyer Boyajian LLP, Albany, NY, William J. Dreyer, Daniel J. Stewart, of counsel, for Defendants.

MEMORANDUM — DECISION & ORDER

McAVOY, District Judge.

I. Background

Plaintiffs Victor Cipolla and Susan Martin are former employees of Rensselaer County (the "County") whose claims arise out of their criminal prosecution for official misconduct.1 Defendant Henry Zwack was the elected County Executive at the time of Plaintiffs' prosecution; Steve Madden and Joseph Cybulski were employees of the County;

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