ORDER
FITZPATRICK, District Judge.
This matter comes before the court on motions of defendant City of Albany for partial summary judgment and to dismiss the complaint on the ground that it is barred by the applicable statute of limitations. Defendant Officer Lee Johnston likewise moves to dismiss on the ground that the suit is time barred.
The complaint alleges that on September 20, 1983, John Larry Pethtel was shot and killed by defendant Lee Johnston...
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