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LaROCCO v. CITY OF NEW YORK

No. 78 C 1526.

468 F.Supp. 218 (1979)

Michael LaROCCO, an infant by his parent and natural guardian, Josephine LaRocco, and Josephine LaRocco, Individually, Plaintiffs, v. CITY OF NEW YORK, State of New York, Police Department of the City of New York, State of New York, New York City Police Officer Walter Smith, County of Nassau, State of New York, Nassau County Medical Center, State of New York, Police Department of the County of Nassau, Detectives "John Doe" and "Richard Roe" said names being fictitious and presently unknown, Defendants.

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

March 15, 1979.

Attorney(s) appearing for the Case

John L. Juliano, East Northport, N.Y., for plaintiffs.

Edward G. McCabe, County Atty., Nassau County, Mineola, N.Y., Allen G. Schwartz, Corp. Counsel, New York City, for defendants.

MEMORANDUM AND ORDER

PRATT, District Judge.

Plaintiffs commenced this civil rights action pursuant to 42 U.S.C. § 1983, seeking compensatory and punitive damages in connection with the alleged false arrest and imprisonment of, and assault on, plaintiff Michael LaRocco. LaRocco was arrested in Nassau County for unlawful operation of an automobile by defendant Walter Smith, a New York City police officer who was off duty at the time. During the arrest...

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