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FRANKLIN v. CITY OF SCHENECTADY

No. 1:07-CV-189 (FJS/DRH).

JOSEPH FRANKLIN, Plaintiff, v. THE CITY OF SCHENECTADY; BRIAN U. STRATTON, individually and as Mayor of the City of Schenectady; JOSEPH ALLEN, individually and as a member of the City Council of the City of Schenectady; MARK BLANCHFIELD, individually and as a member of the City Council of the City of Schenectady; DENISE BRUCKER, individually and as a member of the City Council of the City of Schenectady; PETER DELLA RATTA, individually and as a former member of the City Council of the City of Schenectady; CATHERINE LEWIS, individually and as a former member of the City Council of the City of Schenectady; FRANK MAURIZIO, individually and as a member of the City Council of the City of Schenectady; BARBARA STRANGFELD, individually and as a former member of the City Council of the City of Schenectady; L. JOHN VAN NORDEN, individually and as former Deputy Corporation Counsel of the City of Schenectady; KEITH LAMP, individually and as Building Inspector of the City of Schenectady; and RICHARD A. ALOIS, individually and as former Code Enforcement Officer of the City of Schenectady, Defendants.

United States District Court, N.D. New York.

November 23, 2009.

Attorney(s) appearing for the Case

KINDLON, SHANKS & ASSOCIATES, TODD G. MONAHAN, ESQ., Albany, New York, Attorneys for Plaintiff.

CARTER, CONBOY, CASE, MICHAEL J. MURPHY, ESQ., BLACKMORE, MALONEY & LAIRD, P.C., WILLIAM T. LITTLE, ESQ., Albany, New York, Attorneys for Defendants.

MEMORANDUM-DECISION AND ORDER

FREDERICK J. SCULLIN Jr., District Judge.

I. INTRODUCTION

On February 20, 2007, Plaintiff brought this action pursuant to 42 U.S.C. § 1983 alleging that Defendants, both in their individual and official capacity, maliciously prosecuted Plaintiff in violation of his rights guaranteed by the United States Constitution and the laws of New York State. See Complaint at ¶¶ 35...

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