MITCHELL v. CITY OF NEW YORK

Docket No. 14-0767-cv August Term, 2014.

841 F.3d 72 (2016)

Melinda MITCHELL, individually and on behalf of a class of all others similarly situated, Harvey Mitchell, individually and on behalf of a class of all others similarly situated, Plaintiffs-Appellants, v. The CITY OF NEW YORK, a municipal entity, NYC Police Officer James Schuessler, Shield No. 28718, Richard Roes, 1-50 New York City Police Supervisors and Commanders, John Does, 1-50 New York City Police Officers, individually, and in their official capacities, jointly and severally, Police Officer Joseph Brinadze, NYPD Captain Joseph Gulotta, NYPD Sergeant Danielle Roventini, and NYPD Lieutenant Kathleen Caesar, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 28, 2016.


Attorney(s) appearing for the Case

JEFFREY A. ROTHMAN ( Jonathan C. Moore & Joshua S. Moskovitz , Beldock Levine & Hoffman LLP, New York, NY, on the brief) New York, NY, for Plaintiffs-Appellants.

DRAKE A. COLLEY , for Zachary W. Carter , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Before: WINTER, POOLER, and SACK, Circuit Judges.


Melinda Mitchell and Harvey Mitchell — we will refer to them as Melinda and Harvey because they are not related — along with other similarly situated individuals, appeal from Judge Kaplan's dismissal of their complaint on a grant of summary judgment to appellees. We hold...

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