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KELSEY v. COUNTY OF SCHOHARIE

Docket No. 07-0893-cv.

567 F.3d 54 (2009)

John KELSEY and Timothy Wright, both individually and on behalf of a class of others similarly situated, Plaintiffs-Appellees, v. The COUNTY OF SCHOHARIE, John S. Bates Jr., both individually and his official capacity as Sheriff of the County of Schoharie, and Jim Hazzard, both individually and in his capacity as Administrator of the Schoharie County Jail, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: May 22, 2009.

Attorney(s) appearing for the Case

Bruce Menken, Jason Rozger, Beranbaum Menken Ben-Asher & Bierman, LLP, New York, NY, for Plaintiffs-Appellees.

E. Robert Keach III, Law Offices of Elmer Robert Keach III, P.C., Amsterdam, NY, for Plaintiffs-Appellees.

Gregg Johnson, Girvin & Ferlazzo, P.C., Albany, NY, for Defendants-Appellants.

Judge SOTOMAYOR dissents in a separate opinion.

MINER, Circuit Judge:

INTRODUCTION

Defendants-appellants John S. Bates Jr., Sheriff of Schoharie County, New York, and Lt. Jim Hazzard, Administrator of the Schoharie County Jail (together, the "defendants") appeal from a Decision and Order entered in the United States District Court for the Northern District of New York (Kahn, J.) denying their motion for summary judgment in an action brought against them by plaintiffs...

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