KINZER v. JACKSON

Docket No. 01-0157.

316 F.3d 139 (2003)

David KINZER, Plaintiff-Appellee, v. Richard E. JACKSON, Jr., as the Commissioner of the New York State Department of Motor Vehicles, Defendant, David Harris, Individually and as an Investigator for the New York State Department of Motor Vehicles, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 9, 2003.


Attorney(s) appearing for the Case

Dorothy E. Hill, Assistant Solicitor General of the State of New York, Albany, New York (Eliot Spitzer, Attorney General, and Nancy A. Spiegel, Assistant Solicitor General, on the brief), for Defendant-Appellant.

John Shea, Linnan & Fallon, LLP, Albany, New York (James D. Linnan, on the brief), for Plaintiff-Appellee.

Before: JACOBS, LEVAL, KATZMANN, Circuit Judges.


JACOBS, Circuit Judge.

Plaintiff-Appellee David Kinzer brought suit under 42 U.S.C. § 1983, alleging (inter alia) malicious prosecution against both the Commissioner of the Department of Motor Vehicles ("DMV") of New York State and defendant-appellant David Harris, a DMV investigator. Harris appeals from an order entered in the United States District Court for the Northern District of New York (Hurd, J.) insofar as it denied his motion for summary...

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