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KERMAN v. CITY OF NEW YORK

Docket No. 03-7243.

374 F.3d 93 (2004)

Robert KERMAN, Plaintiff-Appellant, v. THE CITY OF NEW YORK, "John" Dilucia, (Shield # 28683), "John" Crossin, (Shield # 499), "John" Paccio, (Shield # 30126), "John" Goldman, (Shield # 1818), "John" Jenkins, (Shield # 10030), "John" Morgan, (Shield # 11995), first names being fictitious and John Hume, Thomas Loomis, Steve Kaminski, Mark Demarco, Andrew Oberfeldt, James Moran, Edward Joergens and "John Doe", "Richard Roe", "Jane Doe", (the last three names being fictitious, said individuals being police officers or other employees of the City of New York who participated in taking plaintiff, Robert Kerman into custody or dispatching police officers to Robert Kerman's home as set forth in the complaint), Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 28, 2004.

Attorney(s) appearing for the Case

Gregory Abbey, Brooklyn, New York, for Plaintiff-Appellant.

Marta Ross, Assistant Corporation Counsel, New York, New York (Michael A. Cardozo, Corporation Counsel for the City of New York, Edward F.X. Hart, William S.J. Fraenkel, New York, New York, on the brief), for Defendants-Appellees.

Before: FEINBERG, KEARSE, and RAGGI, Circuit Judges.

Judge RAGGI dissents, in part, in a separate opinion.

KEARSE, Circuit Judge.

This case returns to us after proceedings on remand following an appeal in which we, inter alia, reversed district judges' dismissals as a matter of law, on the ground of qualified immunity, of certain claims brought by plaintiff Robert Kerman under 42 U.S.C. § 1983 against defendant William Crossan (styled "`John' Crossin" in the caption), a New York City police officer...

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