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LOUGHRAN v. CODD

No. 76 C 770.

432 F.Supp. 259 (1976)

Joseph A. LOUGHRAN, Jr., Plaintiff, v. Michael J. CODD, Individually, as Police Commissioner of the Police Department of the City of New York and as Executive Chairman of the Board of Trustees of the Police Pension Fund, George McClancy, Individually, and as Administrative Officer, Medical Section, New York City Police Department, and Stanley August, Individually, and as District Surgeon of the City of New York Police Department, Defendants.

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

November 18, 1976.

Attorney(s) appearing for the Case

Harold B. Foner, Ira Leitel, Brooklyn, N. Y., for plaintiff.

W. Bernard Richland, Corp. Counsel for the City of New York, New York City, for defendants.

MISHLER, Chief Judge.

Plaintiff, a former New York City police officer, brought this action pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief, as well as monetary damages, for the alleged deprivation of his civil rights by Police Department officials. Loughran attacks both the facial constitutionality and the arbitrary and capricious application of a Department promulgation1 that generally restricts a member on...

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