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CONTE v. EMMONS

No. 17-869-cv August Term, 2017.

895 F.3d 168 (2018)

Anthony CONTE, Plaintiff-Appellee, v. Bob EMMONS, Individually and as Assistant District Attorney of Nassau County, New York, William Wallace, Individually and as Assistant District Attorney of Nassau County, New York, Mike Falzarno, Individually and as Special Investigator for the Office of the District Attorney of Nassau County, New York, Defendants-Appellants, Larry Guerra, City of New York, Rhoda Zwicker, Individually and as a Clerk in the Nassau County District Attorney's Office, Nassau County, New York, Nassau County District Attorney's Office, Katherine Rice, Individually and as District Attorney of Nassau County, New York, Christina Sardo, Individually and as Assistant District Attorney of Nassau County, New York, Nassau County, New York, Denis E. Dillon, Individually and as Former District Attorney of Nassau County, New York, Lisa Bland, Individually and as Attorney for the Police Department of the City of New York, Tefta Shaska, Individually and as a Detective for the Police Department of the City of New York, New York City Police Department, Robert Vinal, Individually and as Deputy Commissioner of the Police Department of the City of New York, John and Jane Does, 1-20, Unknown Individuals and Employees of the Nassau County District Attorney's Office, Phillip Wasilausky, Individually and as Assistant District Attorney of Nassau County, New York, Defendants.

United States Court of Appeals, Second Circuit.

DECIDED: July 10, 2018.

Attorney(s) appearing for the Case

ELIZA MAE SCHEIBEL , Wilson Elser Moskowitz Edelman & Dicker LLP ( Peter Meisels , on the brief), White Plains, NY, for Defendants-Appellants.

MICHAEL H. ZHU , New York, NY, for Plaintiff-Appellee.

Judge Pooler dissents in a separate opinion.

Robert Emmons and William Wallace, prosecutors in the Nassau County District Attorney's Office, and Michael Falzarno, an investigator in the office, appeal from the denial of their post-trial motion for judgment as a matter of law, and the corresponding entry of judgment following a jury verdict in favor of Plaintiff...

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