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FRANCO v. GUNSALUS

Docket No. 19-0891 August Term 2019.

972 F.3d 170 (2020)

Mario FRANCO, Plaintiff-Appellee, v. Police Officer John GUNSALUS, 0453, All Sued Herein In Their Capacity as Individuals, Police Officer Shawn Kelly, 279, All Sued Herein In Their Capacity as Individuals, Defendants-Appellants, City of Syracuse, Police Officer William Lashomb, All Sued Herein In Their Capacity as Individuals, Police Officer Joseph Mauro, 132, All Sued Herein In Their Capacity as Individuals, Unidentified Syracuse Police Officers, All Sued Herein In Their Capacity as Individuals, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 28, 2020.

Attorney(s) appearing for the Case

Christina F. DeJoseph , Corporation Counsel for the City of Syracuse, in support of Defendants-Appellants.

Fred B. Lichtmacher , The Law Office of Fred Lichtmacher P.C., New York, NY, in support of Plaintiff-Appellee.

Before: Calabresi, Pooler, and Carney, Circuit Judges.

This case requires us to consider the scope of our subject matter jurisdiction when defendants' motion for summary judgment on the basis of qualified immunity is denied by the district court upon finding that genuine issues of material fact remain to be decided at trial....

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