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MUELLER v. COUNTY OF WESTCHESTER

94 Civ. 8229 (JSR).

943 F.Supp. 357 (1996)

Jane MUELLER, Executrix of the Vincent R. Mueller, and Jane Mueller, Catherine Mueller, Christine Mueller, Thomas Mueller, Mark Mueller, the survivors of Vincent R. Mueller, Plaintiffs, v. The COUNTY OF WESTCHESTER, Glenna Lund, individually and as a member of the Westchester County Police, John Does & Jane Does, individually and as members of The Westchester County Police, the City of Yonkers, Empress Ambulance Service, Inc., Robert Figueroa and Kenny Figueroa, Defendants.

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

October 24, 1996.

Attorney(s) appearing for the Case

Bleakley Plah & Schmidt, by Robert Meade, White Plains, NY.

Marilyn J. Slaatten, County Attorney by William Martin, White Plains, NY.

Pilkington & Leggett, P.C., by Steven Balson-Cohen, White Plains, NY.

Richard M. O'Keefe, by Richard O'Keefe, White Plains, NY.

MEMORANDUM ORDER

RAKOFF, District Judge.

This action, which presupposes among other things a constitutional right to first aid, is currently before the Court on defendants' motions for summary judgment. Finding no basis in law or policy for plaintiffs' creative constructions, the Court grants judgment to defendants.

PLAINTIFFS' CASE

Drawing all reasonable inferences in favor of plaintiffs from the admissible evidence here...

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