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WOODS v. CITY OF UTICA

No. 6:10-CV-1350.

902 F.Supp.2d 273 (2012)

Travis WOODS, Plaintiff, v. CITY OF UTICA; Police Officer Holtz, in his individual and professional capacity; John and Jane Does, Utica police officers in their individual and professional capacities; Oneida County; Daniel Middaugh, in his individual and professional capacity as Sheriff of Oneida County; Deputy Sheriff Gondeck; Deputy Sheriff Eyre; Deputy Sheriff Hogan; Deputy Sheriff Batson; Deputy Sheriff Leaf; and John and Jane Does, Oneida County correctional officers in their individual and professional capacities, Defendants.

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

November 5, 2012.

Attorney(s) appearing for the Case

Bosman Law Office, of counsel, A.J. Bosman, Esq. , Norman P. Deep, Esq. , Rome, NY, Longeretta Law Firm, of counsel, David A. Longeretta, Esq. , Utica, NY, for Plaintiff.

Office of Corporation Counsel — City of Utica, of counsel, John P. Orilio, Esq. , Mark C. Curley, Esq. , Utica, NY, for Defendants City of Utica and Police Officer Holt.

Gorman, Waszkiewicz, Gorman & Schmitt, of counsel, Bartle J. Gorman, Esq. , Utica, NY, for Defendants Oneida County, Daniel Middaugh, Deputy Sheriff Gondeck, Deputy Sheriff Eyre, Deputy Sheriff Hogan, Deputy Sheriff Batson, and Deputy Sheriff Leaf.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiff Travis Woods ("plaintiff" or "Woods") filed this action on November 8, 2010. He filed an amended complaint on July 19, 2011, against defendants the City of Utica ("the City"); Officer Holt of the Utica Police Department ("Officer Holt"); Oneida County ("the County"); Daniel Middaugh, former Sheriff of Oneida County ("Sheriff Middaugh...

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