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BETANCOURT v. BLOOMBERG

Docket No. 04-0926-CV.

448 F.3d 547 (2006)

Augustine BETANCOURT, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, Lambert Watson, Plaintiff, v. Michael R. BLOOMBERG, in his official capacity as Mayor of the City of New York, Raymond W. Kelly, in his official capacity as Police Commissioner of the City of New York, and the City of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 18, 2006.

Attorney(s) appearing for the Case

Eric Twiste, New York, New York (Daniel J. 2Leffell, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York, Douglas H. Lasdon, The Urban Justice Center, New York, New York, on the brief), for Plaintiff-Appellant.

Alan Beckoff, Assistant Corporation Counsel, New York, New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Stephen J. McGrath, of counsel, New York, New York, on the brief), for Defendants-Appellees.

Before: KEARSE, WINTER, and CALABRESI, Circuit Judges.

Judge CALABRESI dissents, in a separate opinion.

KEARSE, Circuit Judge.

Plaintiff Augustine Betancourt appeals from so much of a judgment of the United States District Court for the Southern District of New York as dismissed his claims against defendants City of New York ("City"), its mayor, and its police commissioner, brought under 42 U.S.C. § 1983, challenging Betancourt's arrest on a charge of violating City Administrative Code § 16-122. Betancourt...

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