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LEIGH v. McGUIRE

No. 78 Civ. 2210 (RWS).

468 F.Supp. 1163 (1979)

Charles W. LEIGH and Leonard Allen, Plaintiffs, v. Robert McGUIRE, Individually and as Police Commissioner of the City of New York and Chairman of the Board of Trustees of the Police Pension Fund, Article II, Defendants.

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

April 6, 1979.

Attorney(s) appearing for the Case

Victor J. Herwitz, New York City, for plaintiffs.

Rosemary Carroll, Asst. to Deputy Com'r for Legal Matters, Police Dept. of the City of New York, New York City, for defendant.

OPINION

SWEET, District Judge.

After nine years of litigation in the New York State courts, plaintiffs Charles W. Leigh and Leonard Allen ("the officers") commenced an action in this court, pursuant to 42 U.S.C. § 1983, seeking to vacate and annul their dismissal from the New York City Police Department in 1968. The officers assert that the use of illegally obtained wiretap evidence in their Police Department trial deprived them of rights secured by...

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