PATROLMEN'S BENEVOLENT ASS'N. v. CITY OF NEW YORK

No. 00-9538.

310 F.3d 43 (2002)

PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF NEW YORK, Incorporated for itself and on behalf of its members, Gary Johnson, Police Officer, Missie Lewis-Manning, Police Officer, Robert Drayton, Police Officer, Marva Gardner, Police Officer, Demetria Singleton, Police Officer, Margo McKenzie, Police Officer, Robert Winslow, Police Officer, Kenneth Zepherin, Police Officer, Oscar Espinal, Police Officer, Dave Guevera, Police Officer, Peggy Alves, Police Officer, Robin Irvin, Police Officer, Silas Plunkett, Police Officer, Ronny Forbes, Police Officer, Alton Walker, Police Officer, Barry Hinds, Police Officer, Tselanee Kitching, Police Officer, Laverne Stuger, Police Officer, Michael Butler, Police Officer, Carole P. Sievwright, Police Officer, Inger Barron, Police Officer, Ronald S. Archer, Police Officer, Plaintiffs-Appellees, Sergeant's Benevolent Association of the City of New York, Incorporated for itself and on behalf of its members, Philip Tai and John S. Robertson, Consolidated-Plaintiffs-Appellees, v. THE CITY OF NEW YORK, Rudolph Giuliani, as Mayor of the City of New York and Individually, Howard Safir, as Police Commissioner of the Police Department of the City of New York and Individually, Patrick Brennan, New York City Deputy Police Chief Officially and Individually, Cornelius J. Dever, Deputy Police Chief, Officially and Individually and Michael A. Markman, Chief, Officially and Individually, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 17, 2002.


Attorney(s) appearing for the Case

Julien L. Kalkstein (Michael D. Hess, Larry A. Sonnenshein on the brief), Corporation Counsel of the City of New York, New York, NY, for Appellants.

Linda M. Cronin (Eric S. Crusius, Rocco G. Avallone, on the brief), Cronin & Byczek, LLP, Lake Success, NY, for Appellees Patrolmen's Benevolent Association.

Peter J. Blessinger (Norman A. Olch, on the brief), Cerrone & Geoghan, New York, NY, for Appellees Tai and Robertson.

Before: LEVAL and CALABRESI, Circuit Judges, and STEIN, District Judge.


STEIN, District Judge.

Defendants appeal from a judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge) upon a jury verdict in favor of plaintiffs. Appellants are the City of New York, former New York City Mayor Rudolph Giuliani, former Police Commissioner Howard Safir, and certain other police officials (collectively, "the City"). Appellees are the Patrolmen's Benevolent Association of the City of New...

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