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RUPP v. BUFFALO

Docket No. 21-1036 August Term, 2021.

91 F.4th 623 (2024)

R. Anthony RUPP, III, Plaintiff-Appellant, v. City of BUFFALO, Daniel Darenda, individually and in his capacity as Police Commissioner of the Buffalo Police Department, Todd C. McAlister, individually and in his capacity as a Buffalo Police Officer, Nicholas Parisi, individually and in his capacity as a Buffalo Police Officer, and Jeffrey Giallella, individually and in his capacity as a Buffalo Police Lieutenant, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 31, 2024.

Attorney(s) appearing for the Case

Chad Davenport , Buffalo, New York ( Marco Cercone , Rupp Baase Pfalzgraf Cunningham, Buffalo, New York, on the brief), for Plaintiff-Appellant.

David M. Lee , Assistant Corporation Counsel, Buffalo, New York ( Timothy A. Ball , Corporation Counsel of the City of Buffalo, Buffalo, New York, on the brief), for Defendants-Appellees.

Before: KEARSE, CARNEY, and LEE, Circuit Judges.

Affirmed in part, vacated in part, and remanded.

Plaintiff R. Anthony Rupp, III, appeals from so much of a judgment of the United States District Court for the Western District of New York, William M. Skretny, Judge, as dismissed his complaint against defendants City of Buffalo ("City" or "Buffalo") and/or certain...

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