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ESTATE OF IODICE v. GIMBELS, INC.

No. 76 C 219.

416 F.Supp. 1054 (1976)

The ESTATE of Marie Felicia IODICE, by Andrea Marie Iodice, as Administratrix, Andrea Marie Iodice and Lorraine Cassese, Plaintiffs, v. GIMBELS, INC. et al., Defendants.

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

July 8, 1976.

Attorney(s) appearing for the Case

Conroy, Giorgio, dePoto & Merritt, Syosset, N. Y., for plaintiffs by Robert M. dePoto, Syosset, N. Y.

Zepnick & Director, P. C., New York City, for defendants by Herbert Minster, New York City.

MEMORANDUM AND ORDER

NEAHER, District Judge.

Plaintiffs brought this action under the Civil Rights Act, 42 U.S.C. § 1983, seeking compensatory and punitive damages, against Gimbels, Inc., a department store, and three of its security employees.1 They claim that the individual defendants, acting on the wrongful assumption that plaintiffs were in the act of shoplifting, detained, searched and physically injured plaintiffs...

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