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NEILSON v. D'ANGELIS

Docket No. 03-9074(L), 003-9158(CON).

409 F.3d 100 (2005)

George NEILSON, Plaintiff-Appellee, v. Anthony D'ANGELIS, Chief Clerk of the New York State Supreme Court, Queens County and Louis Bianculli, Major of Court Officers, Defendants-Appellants, Anthony Delgado, Captain of Court Officers, Bruce Markowitz, Sergeant of Court Officers, John Does 1 Through 5, the individual defendants being sued in their individual and official capacities and State of New York, Defendants.

United States Court of Appeals, Second Circuit.

Decided: May 26, 2005.

Attorney(s) appearing for the Case

Jean Lin, Assistant Solicitor General (Eliot Spitzer, Attorney General of the State of New York, and Marion Buchbinder, Senior Assistant Solicitor General, on the brief), New York, New York, for Defendants-Appellants.

Richard J. Cardinale, Cardinale Hueston & Marinelli, New York, New York, for Plaintiff-Appellee.

Before: WINTER, KATZMANN, AND RAGGI, Circuit Judges.

WINTER, Circuit Judge.

Plaintiff-appellee George Neilson is a senior court officer employed by the Office of Court Administration of the Supreme Court in Queens County, New York. Neilson was disciplined for unholstering his gun in the presence of a cleaning person and failing to report the incident truthfully. Neilson then brought suit against several people, including his supervisors, Louis Bianculli and Anthony D'Angelis. After a jury trial before Judge Sifton,...

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