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CURRY v. CITY OF SYRACUSE

Docket No. 01-9211.

316 F.3d 324 (2003)

Benny CURRY, Plaintiff-Counter-Defendant-Appellant, v. CITY OF SYRACUSE, Defendant-Counter-Claimant-Appellee, Chad Lynch, Individually and as a Police Officer for the City of Syracuse, Defendant-Counter-Claimant-Appellee, John Doe or Does, Fictitious names and the real identities of these individuals who, upon information and belief, are Police Officers employed by the city of Syracuse whose real identities are not known as Police Officers and/or employees of the Syracuse Police Department, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 15, 2003.

Attorney(s) appearing for the Case

Elmer Robert Keach, III, Albany, NY (Kenneth P. Ray, Utica, NY, of counsel), for Appellant.

Karen M. Richards, Office of the Corporation Counsel, City of Syracuse, Syracuse, NY (Terri Bright, Corporation Counsel, Syracuse, NY, Sheila M. Finn, Office of the Corporation Counsel, City of Syracuse, Syracuse, NY, of counsel), for Appellees.

Before: MESKILL, SACK and KATZMANN, Circuit Judges.

MESKILL, Circuit Judge.

Plaintiff-appellant Benny Curry (Curry) appeals from an order of the United States District Court for the Northern District of New York, Scullin, J., granting summary judgment in favor of defendants-appellees Chad Lynch (Lynch) and the City of Syracuse (Syracuse) on Curry's federal claims alleging unlawful use of excessive force and false arrest, and dismissing Curry's state law claims without prejudice. Federal question jurisdiction...

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