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KOGUT v. COUNTY OF NASSAU

No. 13-3130.

789 F.3d 36 (2015)

John KOGUT, Plaintiff-Appellant, v. The COUNTY OF NASSAU, Police Commissioner Donald Kane, Police Commissioner William J. Willett (2005), Police Commissioner James Lawrence, Detective Sean Spillane (Head Of Homicide 1985), Detective Dennis Farrell (Head of Homicide 2005), Carolann Hesseman, as Executrix for the Estate of Joseph Volpe, Detective Robert Dempsey, Detective Albert Martino, Detective Wayne Birdsall, Detective Milton G. Gruber, Detective Charles Fraas, Detective Frank Sirianni, Detective Harry Waltman, P.O. Michael Connaughton, P.O. William Diehl, and John Does 1-5, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: May 14, 2015.

Attorney(s) appearing for the Case

Paul Casteleiro , Hoboken, NJ, ( Anthony M. Grandinette , Mirel Fisch , The Law Office of Anthony M. Grandinette, Mineola, New York, Rachel Schulman , Great Neck, N.Y., on the brief), for Plaintiff-Appellant.

Robert F. Van Der Waag , Appeals Bureau Chief, Office of the County Attorney of Nassau County, Mineola, N.Y., ( Carnell T. Foskey , County Attorney of Nassau County, Mineola, N.Y., on the brief), for Defendants-Appellees.

Before: KEARSE, STRAUB, and WESLEY, Circuit Judges.

Plaintiff John Kogut, convicted of rape and murder in 1986 but retried and acquitted of those charges in 2005, appeals from a final judgment entered in the United States District Court for the Eastern District of New York following a jury trial before Joanna Seybert, Judge, dismissing his claims brought pursuant to 42 U.S...

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