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NACCARATO v. OLIVER

No. CV 93-1951.

882 F.Supp. 297 (1995)

Joseph NACCARATO, Plaintiff, v. New York State Trooper William OLIVER, Defendant.

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

April 19, 1995.

Attorney(s) appearing for the Case

William Henry Harrison, Jr. & Associates by William Henry Harrison, T. Glenn Hoffman, Islip, NY, for plaintiff.

Dennis C. Vacco, Attorney General of the State of New York (Robert K. Drinan, Asst. Atty. Gen., of counsel), Axelrod, Cornachio & Famighetti by Brian J. Davis, Mineola, NY, for defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

The plaintiff Joseph Naccarato (the "plaintiff" or "Naccarato") commenced this action under 42 U.S.C. § 1983, on or about April 30, 1993. Naccarato claimed that his rights under the Fourth Amendment were violated when he was arrested by the defendant William Oliver (the "defendant" or "Oliver"), who, at the time, was an off duty New York State Trooper. The arrest followed an altercation between...

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