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GRICE v. McVEIGH

Docket No. 15-4124-cv August Term, 2016.

873 F.3d 162 (2017)

Gregory A. GRICE, III, Plaintiff-Cross Defendant-Appellee, v. Anthony McVEIGH, Frank Farina, Individually, Defendants-Appellants, Derek Hosein, Individually, Michael Alfalla, Individually, Kenneth Stewart, Individually, Donald Heagle, Individually, Kevin Maddine, Individually, Jonathan Piscatelli, Individually, Michael Sachar, Individually, Mark Delia, Individually, Herman Killebrew, Individually, Robert Barnett, Individually, Thomas McCormack, Individually, Joseph Horesky, Individually, Kathleen Cristiano, Individually, Brian Scott, Individually, and James Luciano, Individually, Defendants, Town of North Castle, New York, Defendant-Cross Claimant-Cross Defendant, Westchester County, John Hosein, John and Jane Doe 1-15, and Town of Greenburgh, New York, Defendants-Cross Defendants, Metropolitan Transit Authority, Defendant-Cross Claimant.

United States Court of Appeals, Second Circuit.

Decided: September 29, 2017.

Attorney(s) appearing for the Case

Thomas J. Troetti , White Plains, New York, for Appellants Anthony McVeigh and Frank Farina.

Brett H. Klein , ( Lissa Green-Stark , on the brief) New York, New York for Appellee Gregory A. Grice, III.

Before: WALKER, JACOBS, and PARKER, Circuit Judges.

Plaintiff-Appellee Gregory A. Grice, III, a 16 year old train enthusiast, was stopped and handcuffed after the Greenburgh Police Department received a 911 report that someone holding an electronic device was bending down by the tracks at a rail crossing. After a search of the...

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