DECISION AND ORDER
LARIMER, District Judge.
Plaintiff, Hiram Hernandez, Jr., commenced this action in New York State Supreme Court, Monroe County, on May 17, 2000. Defendants, the City of Rochester ("the City") and Edmond Bernabei, removed the action to this Court on June 9, 2000, pursuant to the Court's federal question jurisdiction under 28 U.S.C. § 1331. Defendants have moved for summary judgment.
FACTUAL BACKGROUND
On the...
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