No. 07-4449-cv (L).

681 F.3d 122 (2012)

Sonny B. SOUTHERLAND, Sr., individually and as parent and natural guardian of Venus Southerland, Sonny B. Southerland, Jr., Nathaniel Southerland, Emmanuel Felix, Kiam Felix, and Elizabeth Felix, Plaintiffs-Appellants, v. CITY OF NEW YORK, Timothy Woo, John Does 1-9, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

May 22, 2012.

Attorney(s) appearing for the Case

Michael G. O'Neill , New York, N.Y., for Plaintiffs-Appellants, Venus S., Sonny B.S. Jr., Nathaniel S., Emmanuel F., Kiam F., and Elizabeth F.

Sonny B. Southerland , Brooklyn, N.Y., Plaintiff-Appellant, pro se.

Julian L. Kalkstein , City of New York ( Michael A. Cardozo , Corporation Counsel; Larry A. Sonnenshein , of counsel), New York, N.Y., for Defendants-Appellees.

Chief Judge JACOBS dissents in an opinion joined by Judges CABRANES, RAGGI, WESLEY, and LIVINGSTON.


Following disposition of this appeal on February 2, 2012, and prior to the amended disposition on May 14, 2012, an active judge of the Court requested a poll on whether to rehear the case in banc. A poll having been conducted and there being no majority favoring in banc review, rehearing in banc is hereby DENIED.

REENA RAGGI, Circuit Judge, with whom Chief Judge JACOBS, Judge CABRANES, Judge WESLEY, and Judge...

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