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JOHNSON v. DIST ATTORNEY OFF.

308 A.D.2d 278 (2003)

763 N.Y.S.2d 635

HENRY JOHNSON, Respondent, v. KINGS COUNTY DISTRICT ATTORNEY'S OFFICE et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 11, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Larry A. Sonnenshein and Julian L. Kalkstein of counsel), for appellants.

The Cochran Firm, Schneider, Kleinick, Weitz, Damashek & Shoot, New York City (Johnnie L. Cochran, Jr., Brian J. Shoot, Diane Welch Bando and Derek Sells of counsel), for respondent.

KRAUSMAN, FRIEDMANN and SCHMIDT, JJ., concur.

OPINION OF THE COURT

S. MILLER, J. P.

This appeal presents an opportunity to settle issues of civil rights and municipal tort law. The primary question we face today is whether a citizen, justifiably arrested but allegedly detained for an unreasonably long time, may recover damages for deprivation of his rights pursuant to 42 USC § 1983. Under the facts of this case, we answer that question in the affirmative.

I. Factual Background<...

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