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ROGERS v. CITY OF AMSTERDAM

Docket No. 01-7893.

303 F.3d 155 (2002)

Mark ROGERS, Eric Pelcher and Mark Emigh, Plaintiffs-Appellants, v. CITY OF AMSTERDAM, Thomas McQuade, and Todd Stark, Defendants-Appellees, Mary Ann Smith, Defendant.

United States Court of Appeals, Second Circuit.

Decided: September 6, 2002.

Attorney(s) appearing for the Case

Frederick W. Killeen, Schenectady, NY, for Plaintiffs-Appellants Mark Rogers, Eric Pelcher, and John M. Emigh.

Carrie McLoughlin, Pennock & Breedlove, LLP, Clifton Park, NY, for Defendants-Appellees Todd Stark.

Before McLAUGHLIN, CALABRESI, and B.D. PARKER, Circuit Judges.

McLAUGHLIN, Circuit Judge.

Plaintiffs Mark Rogers, Eric Pelcher and John Emigh appeal the district court's grant of summary judgment to the defendant Police Officer Todd Stark. We agree with the district court that Officer Stark was entitled to qualified immunity from the claims of both Rogers and Emigh; but we rule that summary judgment was inappropriate with respect to Pelcher. In addition, we rule that plaintiff Pelcher has constructively satisfied the favorable...

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