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PEARL v. CITY OF LONG BEACH

Docket No. 01-7914.

296 F.3d 76 (2002)

David PEARL, Plaintiff-Appellant, v. The CITY OF LONG BEACH, Long Beach City Police Department, Long Beach Police Officer Leo Nolan, Arthur Whitman and Long Beach Police Officer Vincent Milo, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 15, 2002.

Attorney(s) appearing for the Case

Stephan H. Peskin, Tolmage, Peskin, Harris & Falick, New York, N.Y. (Jonathan C. Moore, New York, NY; William H. Goodman, Center for Constitutional Rights, New York, NY, on the brief), for Plaintiff-Appellant.

Corey E. Klein, Acting Corporation Counsel, Long Beach, NY, for Defendants-Appellees The City of Long Beach and Long Beach City Police Department.

Orrit Hershkovitz, Snitow Kanfer Holtzer & Millus, LLP, New York, N.Y. (Paul F. Millus, New York, NY, on the brief), for Defendant-Appellee Leo Nolan.

Michael T. Hopkins, Hopkins & Kopilow, Garden City, NY, for Defendant-Appellee Arthur Whitman.

Christine McInerney, Ruskin, Moscou, Evans & Faltischek, P.C., Uniondale, NY, submitted papers for Defendant-Appellee Vincent Milo.

Before WALKER, Chief Judge, NEWMAN, and KEARSE, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal illustrates, in a dramatic context, the tension between the judicial system's instinct to provide a remedy for every wrong and the system's recognition that the passage of time must leave some wrongs without a remedy. David Pearl appeals from the July 18, 2001, judgment of the District Court for the Eastern District of New York (Leonard D. Wexler, District Judge) dismissing, as barred by the statute of limitations, his suit...

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