SAUNDERS v. STATE OF N.Y.

No. 85-CV-393.

629 F.Supp. 1067 (1986)

Edgar SAUNDERS, Plaintiff, v. The STATE OF NEW YORK, the Division of State Police of the State of New York, the County of Rensselaer, the Rensselaer County Sheriff's Department, Eugene Eaton, individually and in his capacity as Sheriff of Rensselaer County, Robert Krogh, individually and in his capacity as Under-Sheriff of Rensselaer County, Emmanuel Ned, individually and in his capacity as an investigator in the Rensselaer County Sheriff's Department, William Pokeda, individually and in his capacity as an investigator in the Rensselaer County Sheriff's Department, Various Employees of the Rensselaer County Sheriff's Department, Who are at this Time, Unknown, individually and in their official capacities as members of the Rensselaer County Sheriff's Department, Richard Crist, individually and in his capacity as an investigator in the Division of State Police of the State of New York, Michael Cryan, individually and in his capacity as an investigator in the Division of State Police of the State of New York, Gerald Looney, individually and in his official capacity as an employee of the Division of State Police of the State of New York and Various Employees of the Division of State Police of the State of New York, individually and in their official and/or supervisorial capacities as employees of the Division of State Police of the State of New York, Defendants.

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

March 5, 1986.


Attorney(s) appearing for the Case

Jerome K. Frost, Troy, N.Y., for plaintiff.

Horigan, Horigan, Pennock & Lombardo, Amsterdam, N.Y., for defendants Rensselaer County, Rensselaer County Sheriff's Dept., Eugene Eaton, Robert Krogh, Emmanuel Ned and William Pokeda, Thomas V. Blaber, of counsel.

Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., for defendants State of N.Y. and Div. of State Police, C. Michael Reger, Asst. Atty. Gen., of counsel.


OPINION

MUNSON, Chief Judge.

This action arises from a state criminal case in which the plaintiff, Edgar Saunders, was tried and acquitted. The complaint was filed on March 21, 1985. It asserts claims based on events between March 21, 1982, when Saunders was first interrogated, and November 11, 1983, when he was acquitted. Saunders alleges that the defendants wrongfully arrested and imprisoned him, denied him the right to counsel during the investigation...

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