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JUTROWSKI v. TP. OF RIVERDALE

No. 17-2594.

904 F.3d 280 (2018)

Emil JUTROWSKI, Appellant v. TOWNSHIP OF RIVERDALE; State of New Jersey, by and through the New Jersey State Police; Jeffrey Heimbach, New Jersey State Police Trooper, individually and in his representative capacity as a State Police Officer; James Franchino, individually and in his representative capacity as a New Jersey State Police Officer; Travis Roemmele, individually and in his representative capacity as a Riverdale Police Officer; Christopher Biro, individually and in his representative capacity as a Riverdale Police Officer; John Does (1-20); Col. Rick Fuentes, in his representative capacity as a commanding and Chief Executive Officer of the New Jersey State Police; Chief Thomas Soules, in his representative capacity as Chief of the Riverdale Police Department,

United States Court of Appeals, Third Circuit.

Opinion Filed: September 12, 2018.

Attorney(s) appearing for the Case

Robert J. Degroot, Esq. [Argued], 56 Park Place, Newark, NJ 07102, Counsel for Plaintiff-Appellant Emil Jutrowski.

Anthony P. Seijas, Esq. [Argued], Cleary Giacobbe Alfieri & Jacobs, 169 Ramapo Valley Road, Upper Level 105, Oakland, NJ 07436, Counsel for Defendant-Appellees Township of Riverdale, Travis Roemmele, Christopher Biro, and Chief Thomas Soules.

Gurbir S. Grewal , Attorney General of New Jersey, Matthew J. Lynch, Esq. [Argued], Robert P. Preuss, Esq. , Office of the Attorney General of New Jersey, 25 Market Street, Richard J. Hughes Justice Complex, Trenton, NJ 08625, Counsel for Defendant-Appellees State of New Jersey, Jeffrey Heimbach, James Franchino, and Col. Rick Fuentes.

Before: JORDAN, KRAUSE, and GREENBERG, Circuit Judges.

OPINION OF THE COURT

This case arises from an undisputed constitutional violation: an act of excessive force committed during the arrest of Appellant Emil Jutrowski in which he was kicked in the face, breaking his eye socket. Appellees — consisting of two Riverdale, New Jersey Police Officers and two New Jersey...

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