JACKLER v. BYRNE

Docket No. 10-0859-cv.

658 F.3d 225 (2011)

Jason M. JACKLER, Plaintiff-Appellant, v. Police Chief Matthew T. BYRNE, Individually and in his Official Capacity, Lt. Paul Rickard, in his Individual and Official Capacity and Lt. Patrick Freeman, in his Individual and Official Capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 22, 2011.


Attorney(s) appearing for the Case

Stephen Bergstein , Chester, NY (Bergstein & Ullrich, Chester, NY, James E. Monroe, Dupee & Monroe, Goshen, NY, on the brief), for Plaintiff-Appellant.

Brian S. Sokoloff , Westbury, NY ( Mark A. Radi , Sokoloff Stern , Westbury, NY, on the brief), for Defendants-Appellees.

Scott A. Korenbaum , New York, NY ( Lawrence A. Vogelman , Nixon, Raiche, Manning, Vogelman & Leach, Manchester, NH, Andrew B. Reid , Springer & Steinberg, Denver, CO, of counsel), filed a brief on behalf of Amicus Curiae National Police Accountability Project in support of Plaintiff-Appellant.

Devala A. Janardan , Bethesda, MD, filed a brief on behalf of Amicus Curiae International Municipal Lawyers Association in support of Defendants-Appellees.

Judge SACK concurs in the panel opinion and files a separate concurring opinion.


KEARSE, Circuit Judge:

Plaintiff Jason M. Jackler, a former probationary police officer in Middletown, New York ("Middletown" or the "City"), appeals from a judgment of the United States District Court for the Southern District of New York, Cathy Seibel, Judge, dismissing his complaint, brought under 42 U.S.C. § 1983, alleging principally that defendant Matthew T. Byrne, Chief of the Middletown Police Department ("MPD" or the "Department"), and other members...

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