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CURLEY v. VILLAGE OF SUFFERN

Docket No. 99-9367.

268 F.3d 65 (2001)

Michael CURLEY, Plaintiff-Appellant, v. VILLAGE OF SUFFERN, George Parness, Leo Costa, Frank Finch, Individually, John Gloede, John McGee, Clarke Osborn, Lance Weinstein, Louis Venturini, and John Wilson, individually and as police officers, Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: September 10, 2001.

Attorney(s) appearing for the Case

RAYMOND G. KRUSE, Nanuet, N.Y. (Raymond G. Kruse, P.C., Nanuet, NY, of counsel), for Plaintiff-Appellant.

JOSEPH A. MARIA, White Plains, N.Y. (Andrew W. Bilinski, Joseph A. Maria, P.C., White Plains, NY, of counsel), for Defendants-Appellees.

Before: CARDAMONE, CALABRESI, and KATZMANN, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal arises from a barroom brawl. Familiarity with such disturbance of the public peace usually is a product of exposure to movies and TV, although such scenes are designed to entertain and are far removed from the violence of a real free-for-all. But the incredible confusion in such a melee, which makes it difficult to know who did what to whom, is quite accurately captured in the fictional presentation. Because of the confusion that...

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