DIEHL v. MUNRO

No. 00-CV-469.

170 F.Supp.2d 311 (2001)

John DIEHL, Plaintiff, v. Timothy MUNRO and Pierce Gallagher, individually and in their official capacities as officers of the New York State Police, Defendants.

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

October 2, 2001.


Attorney(s) appearing for the Case

Ricken, Goldman, Sussman & Blythe, Attorney for Plaintiff, Kingston, Alan N. Sussman, of counsel.

Eliot Spitzer, Attorney General for the State of New York, Attorney for Defendants, Department of Law, Albany, David B. Roberts, Esq., Assistant Attorney General, of counsel.


MEMORANDUM-DECISION AND ORDER

HOMER, United States Magistrate Judge.

This case presents a routine contact between police and a private citizen in otherwise innocent circumstances which escalated into the unfortunate and unnecessary arrest and detention of the private citizen. On September 22, 1999, plaintiff John Diehl ("Diehl") was arrested by defendants Timothy Munro ("Munro") and Pierce Gallagher ("Gallagher"), both investigators in the New York State...

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