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HUDSON v. NEW YORK CITY

Docket No. 99-7256.

271 F.3d 62 (2001)

Dorothy HUDSON, Plaintiff, John B. Ellison, Plaintiff-Appellant, v. NEW YORK CITY, Robert Cividanes, and several unknown named City of New York Police Officers of the 105th Precinct — Queens, N.Y. — Who entered the premises known as 99-19 215th Street Queens Village, N.Y. on the night of September 21, 1993, Thomas Urban, P.O., John Healy, P.O., Brian McGowan, P.O., Neil Hellers, Scott Olexa, Michael Rooney, P.O., Robert Musmacher, P.O., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 1, 2001.

Attorney(s) appearing for the Case

John B. Ellison, New York, NY, for appellant.

Cheryl Payer (Stephen J. McGrath, of counsel), for Michael D. Hess, Corporation Counsel for the City of New York, for appellees.

Before WALKER, Chief Judge, CALABRESI, POOLER, Circuit Judges.

CALABRESI, Circuit Judge:

John Ellison ("Ellison") appeals from a jury verdict in favor of current and retired officers of the New York City Police Department (collectively "police officers" or "defendants") on his 42 U.S.C. § 1983 claim that defendants searched his home in violation of the Fourth Amendment. In particular, Ellison challenges the district court's (Melancon, J.) instructions to the jury, claiming that in order to render a verdict favorable...

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