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ZELLNER v. SUMMERLIN

No. 05-6309-cv.

494 F.3d 344 (2007)

John Robert ZELLNER, Plaintiff-Appellant, v. Robert G. SUMMERLIN, Trooper, and Major Weber, Defendants-Appellees, State of New York, New York State Police Department, and John Does 1-10, Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 20, 2007.

Attorney(s) appearing for the Case

Scott A. Korenbaum, New York, New York (Frederick K. Brewington, Hempstead, New York, on the brief), for Plaintiff-Appellant.

Richard Dearing, Assistant Solicitor General, New York, New York (Eliot Spitzer, Attorney General of the State of New York, Michael S. Belohlavek, Senior Counsel, Mariya S. Treisman, Assistant Solicitor General, Charleen Hsuan, Legal Intern, New York, New York, on the brief), for Defendants-Appellees.

Before: KEARSE, CABRANES, and KATZMANN, Circuit Judges.

KEARSE, Circuit Judge:

Plaintiff John Robert Zellner appeals from a final judgment of the United States District Court for the Eastern District of New York, Sandra L. Townes, Judge, dismissing his claims, brought under 42 U.S.C. § 1983, against defendants Robert G. Summerlin and Thomas Weber (collectively "defendants"), as members of the New York State Police ("State Police"), for false arrest, malicious prosecution, and use of excessive force during arrest...

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