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FLORENCE v. KRASUCKI

No. CIV-79-821B(C).

533 F.Supp. 1047 (1982)

Frankie Mai FLORENCE; Wilbert C. Grant; Carl Lorenzo Herrington; Curtis Lavon Herrington; Senita Scott; and Chiquita Herrington, an Infant, By Her Mother Senita Scott, Plaintiffs, v. Troopers Henry KRASUCKI, Orlando Gonzales, Robert Yorio, and Thomas Law, and Investigator M. G. Moore, Individually and in their Capacities as Officers of the New York State Police; Frank Freer; and Freer Fruit Farms, Inc., Defendants.

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

February 25, 1982.

Attorney(s) appearing for the Case

Farmworker Legal Services of New York, Inc., Rochester, N.Y. (Walter H. Ruehle, Rochester, N. Y., of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of New York, New York City (Dale Engle Skivington, Deputy Asst. Atty. Gen., Rochester, N. Y., of counsel), for defendants Krasucki, Gonzales, Yorio, Law, and Moore.

Nixon, Hargrave, Devans & Doyle, Rochester, N. Y. (Bruce D. Feldman, Rochester, N. Y. of counsel), for defendants Frank Freer and Freer Fruit Farms, Inc.

CURTIN, District Judge.

Currently before the court in this action are defendants' motion to dismiss the complaint as time-barred and the plaintiffs' motion to strike the defendants' fifth affirmative defense. These motions are based upon defendants' contention that the applicable statute of limitations for plaintiffs' complaint is the one-year provision for intentional torts of New York C.P.L.R. § 215.

Many of the facts are not disputed, and I will briefly...

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