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MAXWELL v. CITY OF NEW YORK

Docket No. 03-0245.

380 F.3d 106 (2004)

Leah MAXWELL, Plaintiff-Appellant, v. CITY OF NEW YORK; John Does, 1 to 6, representing several unidentified police officers and the Commanding Officer of Manhattan Central Booking, in their individual and official capacities; Jane Does, 1 to 6, representing several unidentified police officers, in their individual and official capacities; The Fat Black Pussycat; John Doe, 7, representing an employee of The Fat Black Pussycat; Howard Safir, former Police Commissioner of the City of New York, in his individual and official capacity; Sebastian Mannuzza, Police Officer, Shield No. 23890, in his individual and official capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 12, 2004.

Attorney(s) appearing for the Case

Richard J. Cardinale, Brooklyn, NY (Cardinale Hueston & Marinelli, Brooklyn, NY, on the brief), for Plaintiff-Appellant.

Sharyn Rootenberg, New York City. (Michael A. Cardozo, New York City Corporation Counsel, Larry A. Sonnenshein, John H. Graziadei, New York City, on the brief), for Defendants-Appellees.

Before: NEWMAN, KEARSE, and SOTOMAYOR, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal primarily concerns a claim of excessive force in the course of an arrest. Plaintiff-Appellant Leah Maxwell appeals from a judgment of the District Court for the Southern District of New York (Victor Marrero, District Judge) granting summary judgment to Defendants-Appellees City of New York ("City"), former City Police Commissioner Howard Safir in his individual and official capacities, police officer Sebastian Mannuzza in...

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