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HOGAN v. FRANCO

No. 93-CV-0832.

896 F.Supp. 1313 (1995)

John T. HOGAN, Plaintiffs, v. James FRANCO, Police Officer; John Griffith, Police Officer; Francis Horgan, Police Officer; John Doe, Police Officer; Benny Rotundo, Chief of Police; and City of Utica, New York; Defendants.

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

September 18, 1995.

Attorney(s) appearing for the Case

Lockwood & Golden, Utica, NY (Stephen Lockwood, of counsel), for plaintiff.

Joseph H. Hobika, Corporation Counsel, Office of Corporation Counsel, City of Utica, Utica, NY (John P. Orilio, Assistant Corporation Counsel, of counsel), for defendants.

MEMORANDUM, DECISION & ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION.

The above titled action was tried in Utica, New York, between June 5, and June 9, 1995. The jury returned a verdict in favor of plaintiff John T. Hogan ("Hogan" or "plaintiff") on federal claims pursuant to 42 U.S.C. § 1983: (1) against police officer James Franco ("Franco") for excessive use of force in handcuffing plaintiff...

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