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DANIELS v. CITY OF BINGHAMTON

No. 95-CV-688.

947 F.Supp. 590 (1996)

Foster DANIELS, Plaintiff, v. The CITY OF BINGHAMTON; Richard A. Bucci, Mayor; Joseph T. Zikuski; Terrance Heslin; Michael Talbut; Martin Burnett; Dennis Gorman, Officer; Joseph D. Lynch, Police Chief, Defendants.

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

November 20, 1996.

Attorney(s) appearing for the Case

Foster Daniels, Binghamton, NY, Pro Se.

Robert C. Murphy, City of Binghamton, Corporation Counsel, Binghamton, NY (Catherine C. Schaewe, Asst. Corporation Counsel, of counsel), for defendants.

MEMORANDUM DECISION & ORDER

McAVOY, Chief Judge.

This civil rights action arises out of an incident that occurred on February 20, 1994 involving plaintiff, his daughter, several civilians and five off-duty City of Binghamton police officers. Defendants now move, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss the Complaint for failure to state a claim upon which relief may be granted, or in the alternative, for summary judgment dismissing the Complaint...

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