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HOWARD v. SCHOBERLE

No. 93 Civ. 0508 (SAS).

907 F.Supp. 671 (1995)

Frances HOWARD and Sameerah Joyner, a Minor, by Frances Howard, Her Guardian, Plaintiffs, v. Detective Bert SCHOBERLE; John and Jane Doe Police Officers #'s 1-15; the New York City Police Department; the City of New York; Special Agent Pauline Wight, Defendants.

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

October 5, 1995.

Attorney(s) appearing for the Case

Martha Rayner, Mitchell Kamin, Neighborhood Defender Service of Harlem, New York City, for plaintiffs Frances Howard and Sameerah Joyner.

Albert Fredericks, Marlene Mazel, Assistant Corporation Counsel, Office of Corporation Counsel, City of New York Department of Law, New York City, for defendants Detective Bert Schoberle; John and Jane Doe Police Officers #'s 1-15; New York City Police Department and City of New York.

Serene K. Nakano, Assistant United States Attorney, United States Attorney's Office, New York City, for defendant Special Agent Pauline Wight.

OPINION AND ORDER

SCHEINDLIN, District Judge.

On May 20, 1992, New York City police officers and a federal agent from the Bureau of Alcohol, Tobacco and Firearms ("BATF") forcibly entered and searched a Manhattan apartment. Plaintiffs Frances Howard and her thirteen year-old daughter Sameerah Joyner resided in the apartment and were on the premises when the search was executed. Plaintiffs contend that the search violated their civil and constitutional...

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