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MORALES v. IRIZARRY

No. 95 Civ. 5068 (JSR).

976 F.Supp. 256 (1997)

Anibal MORALES, Plaintiff, v. Sammy IRIZARRY (shield No. 2408), Bobby McDowell (shield No. 3033), Garfield Brown (shield No. 4464), John and Jane Does, individually and in their capacity as Police Officers of the New York City Housing Authority, New York City Housing Authority, Richard Roes, individually and in their capacity as New York City Police Officers, and City of New York, a Municipal Corporation, Defendants.

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

September 16, 1997.

Attorney(s) appearing for the Case

Robert L. Herbst, New York City, for Plaintiff.

Sherwin A. Suss, New York City, for Irizarry, McDowell and Brown.

MEMORANDUM ORDER

RAKOFF, District Judge.

On July 7, 1995, plaintiff Anibal Morales commenced this suit against defendants, alleging that they falsely arrested him on June 15, 1994 and used unjustifiable physical force in effecting the arrest. Plaintiff claims that defendants thereby violated his rights under the Fourth, Fifth and Fourteenth Amendments of the United States Constitution and committed various intentional and negligent torts, thus giving...

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