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BELLAMY v. CITY OF NEW YORK

No. 17-1859-cv. August Term, 2017.

914 F.3d 727 (2019)

Kareem BELLAMY, Plaintiff-Appellant, v. CITY OF NEW YORK, John J. Gillen, and Michael F. Solomeno, Defendants-Appellees, John Doe 1, John Doe 2, Supervising Officers at the NYPD 101st Precinct, Vincent NMI Pepe, and Robert Schruhl, Defendants.

United States Court of Appeals, Second Circuit.

Decided: January 29, 2019.

Attorney(s) appearing for the Case

JOEL B. RUDIN , Law Office of Joel B. Rudin, P.C., New York, NY, for Plaintiff-Appellant.

MEGAN E.K. MONTCALM ( Richard Dearing , on the brief), for Zachary W. Carter, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.

Richard D. Willstatter , Vice Chair, Amicus Curiae Committee of the National Association of Criminal Defense Lawyers, Chair, Amicus Curiae Committee of the New York State Association of Criminal Defense Lawyers, White Plains, NY; Adele Bernhard , Innocence Network, New York, NY; Barry Scheck , Innocence Project, New York, NY; Ross E. Firsenbaum , Wilmer Cutler Pickering Hale and Door LLP, New York NY, for Amici Curiae National Association of Criminal Defense Lawyers, New York State Association of Criminal Defense Lawyers, Innocence Network, and Innocence Project.

Judge Jacobs dissents in a separate opinion.

Kareem Bellamy filed this action in the Eastern District of New York under New York state law and 42 U.S.C. § 1983 following the vacatur of his state convictions for murder in the second degree under N.Y. Penal Law § 125.25(2) and criminal possession of a weapon in the fourth degree under N.Y. Penal...

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