SEABROOK v. JACOBSON

No. 96 Civ.3716(SS).

970 F.Supp. 252 (1997)

Norman SEABROOK, in his capacity as President of the Correction Officers' Benevolent Association; and the Correction Officers' Benevolent Association; Francis Bristol, Steven Davis, Victor DeJesus, Mario McCaskill, Deonard MaGalee, John Mercardo, Lydia Temples, and Charles Wright, Plaintiffs, v. Michael P. JACOBSON, Commissioner, New York City Department of Correction; New York City Department of Correction, Bernard Kerik, as Deputy Commissioner of the New York City Department of Correction; Elizabeth Loconsolo, as Deputy Commissioner of the New York City Department of Correction; Ernesto Marrero, as General Counsel; of the New York City Department of Correction; and the New York City Department of Correction, individually, and in their representative capacities; and the City of New York, Defendants.

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

July 7, 1997.


Attorney(s) appearing for the Case

Leslie H. Ben-Zvi, Alan Serrins, Dienst & Serrins, L.L.P., New York City, for Plaintiffs.

Chlarens Orsland, Assistant Corporation Counsel, City of New York Law Department, New York City, for Defendants.


FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER

SOTOMAYOR, District Judge.

The individual plaintiffs in this action are New York City Corrections Officers indefinitely suspended without pay pending the resolution of criminal charges against them. New York State's Civil Service Law § 75(3) provides that civil servants charged with incompetency or misconduct may be suspended without pay for not more than thirty days. Civil Service Law § 76...

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