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SIMONS v. NEW YORK

No. 5:03-CV-706.

472 F.Supp.2d 253 (2007)

Benjamin SIMONS and Robin Simons, Plaintiffs, v. The State of NEW YORK; Trooper John J. Fitzgerald, in his individual and official capacities; Investigator Gary Shultz, in his individual and official capacities; Trooper Hovey, supervisor, in his individual and official capacities; Trooper Jack Graham, supervisor, in his individual and official capacities; and the New York State Police, Defendants.

United States District Court, N.D. New York.

January 31, 2007.

Attorney(s) appearing for the Case

A.J. Bosman, Esq., Utica, NY, for Plaintiffs.

Eliot Spitzer, Attorney General of the State of New York (David B. Roberts, Esq., of Counsel), Albany, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiffs Benjamin Simons ("Mr. Simons" or "plaintiff') and Robin Simons ("Mrs.Simons") (collectively "plaintiffs") bring this action against defendants the State of New York ("the State"), the New York State Police ("the State Police"), and Trooper John J. Fitzgerald ("Trooper Fitzgerald"), Investigator Gary Shultz ("Investigator Schultz"),

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