On June 14, 2003, two police officers, one of whom was plaintiff Liam Blainey, were pursuing a fleeing suspect in the Bronx. The officers located the suspect lying, apparently injured, on the Metro North railroad tracks running through a sunken trench in the middle of Park Avenue, to the south of the bridge by which East 187th Street traversed the Metro North right-of-way. Intending to rescue the suspect, plaintiff and his partner planned to climb over the chain-link fence...
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