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DININNY v. TRENTANELLI

No. 09-CV-6561-CJS.

JASON M. DININNY, Plaintiff, v. SALVATORE J. TRENTANELLI, Individually and in His Capacity as the Chief of the City of Corning Police Department, and THE CITY OF CORNING, Defendants.

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

December 15, 2010.

Attorney(s) appearing for the Case

For Plaintiff: Raymond M. Schlather, Esq. , LoPinto, Schlather, Solomon & Salk, Ithaca, NY.

For Defendants: Michael P. McClaren, Esq. , Ryan G. Smith, Esq. , Webster Szanyi, LLP, Buffalo, NY.

DECISION & ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

Siragusa, J. This civil rights case is before the Court on Defendants' motion to dismiss (Docket No. 9) pursuant to Federal Rule of Civil Procedure 12. For the reasons stated below, the motion is granted in part, denied in part.

FACTUAL BACKGROUND

The complaint alleges that Plaintiff Jason M. Dininny ("Dininny") was a police officer with the City...

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