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AMORE v. NOVARRO

Docket No. 08-3150-cv.

624 F.3d 522 (2010)

Joseph AMORE, Plaintiff-Appellee, v. Andrew NOVARRO, Defendant-Appellant, City of Ithaca, Defendant.

United States Court of Appeals, Second Circuit.

Decided: June 22, 2010.

Amended on Petition for Rehearing: October 12, 2010.

Attorney(s) appearing for the Case

Jonathan M. Bernstein , Goldberg Segalla LLP, Albany, NY, for Defendant-Appellant.

Edward E. Kopko , Wiggins & Kopko, LLP, Ithaca, NY (Guttman & Wallace Law Firm, Ithaca, NY, on the brief), for Plaintiff-Appellee.

Adam R. Pulver , Matthew D. Brinckerhoff , Katherine R. Rosenfeld , Emery Celli Brinckerhoff & Abady LLP, New York, NY, for Plaintiff-Appellee (on petition for rehearing).

Corey Stoughton , Arthur Eisenberg , New York Civil Liberties Union Foundation, New York, NY, and Hayley J. Gorenberg , Lambda Legal Defense and Education Fund, Inc., New York, NY, for amici New York Civil Liberties Union and Lambda Legal Defense and Education Fund, Inc., respectively, in support of Appellee's petition for rehearing.

Before: SACK and B.D. PARKER, Circuit Judges, and GOLDBERG, Judge.

SACK, Circuit Judge:

Defendant-Appellant Andrew Novarro, an Ithaca, New York, police officer, appeals from that part of a memorandum decision and order dated March 28, 2008, by the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Judge) denying his motion for summary judgment on a false arrest claim brought by plaintiff-appellee Joseph Amore under 42 U.S.C. § 1983. The claim is based on Novarro's arrest of...

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