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SAMPSON v. CITY OF SCHENECTADY

No. 99-CV-1331.

160 F.Supp.2d 336 (2001)

David SAMPSON, Plaintiff, v. The CITY OF SCHENECTADY, Richard Barnett, and Michael Siler, Individually and as Agents, Servants and/or Employees or Police Officers of the City of Schenectady and the City of Schenectady Police Department, Defendants.

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

August 16, 2001.

Attorney(s) appearing for the Case

Kevin A. Luibrand, Tobin, Demf Law Firm, Albany, NY, for Plaintiff.

Michael J. Murphy, Carter, Conboy Law Firm, Albany, NY, Joseph R. Cardamone, City of Schenectady Corporation Counsel, Schenectady, NY, William J. Dreyer, Dreyer, Boyajian Law Firm, Michael Louis Koenig, O'Connell, Aronowitz Law Firm, Albany, NY, Eugene E. Napierski, Napierski, Vandenburgh Law Firm, Albany, NY, for Defendants.

MEMORANDUM—DECISION AND ORDER

KAHN, District Judge.

Presently before the Court is Plaintiff's motion for partial summary judgment as to defendant Siler's and Barnett's liability to him for various violations of federal and state law. For the following reasons Plaintiff's motion is GRANTED in part and DENIED in part.

I. FACTUAL BACKGROUND

At approximately 8:00 p.m. on the night of July 28, 1999, defendants Barnett and Siler...

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