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WHITLEY v. CITY OF NEW YORK

No. 80 Civ. 4350 (KTD).

518 F.Supp. 1318 (1981)

Ned WHITLEY, Plaintiff, v. The CITY OF NEW YORK and William Spooner, Defendants.

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

August 4, 1981.

Attorney(s) appearing for the Case

Mitchell R. Friedman, New York City, for plaintiff.

Allen G. Schwartz, New York City, Corporation Counsel for defendants; Joseph F. Bruno, Dean L. Silverberg, New York City, of counsel.

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff brings this civil suit against defendant William Spooner, a police officer, for intentional assault and negligence and against the City of New York ["City"] for negligence and deprivation of civil rights in violation of 42 U.S.C. § 1983. The defendants now move for summary judgment against the plaintiff pursuant to Fed.R. Civ.P. 56(b). The plaintiff cross-moves for summary judgment against...

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