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DEMPSEY v. TOWN OF BRIGHTON

Civ. Nos. 88-726L, 88-930L.

749 F.Supp. 1215 (1990)

Edward Murtagh DEMPSEY, Plaintiff, v. TOWN OF BRIGHTON, Eugene Shaw, Chief of Police of the Town of Brighton, Officers Thomas Sleep, Robert E. Hickey and Fred J. Mellini, Sergeant William La Ronde, and John Does 1 through 6, Defendants. Mark S. CURENTON, Plaintiff, v. TOWN OF BRIGHTON, Eugene Shaw, Chief of Police of the Town of Brighton, Officers Thomas Sleep, Robert E. Hickey and Fred J. Mellini, Sergeant William La Ronde, and John Does 1 through 6, Defendants.

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

October 29, 1990.

Attorney(s) appearing for the Case

Charles B. Kenning, Kenning & Edelman, Rochester, N.Y., for plaintiff Dempsey.

Charles L. Davis, Buffalo, N.Y., for plaintiff Curenton.

Jane Conrad, Harter, Secrest & Emery, Rochester, N.Y., for defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiffs Edward Murtagh Dempsey and Mark S. Curenton brought these two actions pursuant to 42 U.S.C. §§ 1981, 1983, 1985 and 1988 to recover damages allegedly suffered when defendant officers of the Brighton, New York, Police Department mistakenly detained them upon suspicion of bank robbery.

Plaintiffs move for partial summary judgment on their claims of false arrest and excessive force. Defendants...

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