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LEWIS v. CITY OF MOUNT VERNON, MOUNT VERNON POLICE DEPT.

No. 95 CIV. 4140(BDP).

984 F.Supp. 748 (1997)

Joseph LEWIS, Avis Lewis, Jeaneane Lewis, individually and by her parents Joseph Lewis and Avis Lewis; Mellonie Lewis, individually and by her parents Joseph Lewis and Avis Lewis, and Carmen Paulino, individually and by her parents Martin Paulino and Therese Paulino, Plaintiffs, v. THE CITY OF MOUNT VERNON, MOUNT VERNON POLICE DEPARTMENT; Ralph Fatigate, individually and in his official capacity as Commissioner of the Mount Vernon Police Department; Michael Mosca, individually and in his official capacity as a Captain in the Mount Vernon Police Department; Robert Kelly, individually and in his official capacity as a Lieutenant in the Mount Vernon Police Department; Richard Morra, Shield # 34; Detective Michael LaRotunda, Shield # 19; Detective Mario Manganiello, Shield # 10; P.O. Courtney Besley, Shield # 107; Detective Thomas Luisa, Shield # 7; and Detective Sergeant Angelo R. Fuccillo, Shield # 3, each individually and in their respective capacities as officers of the Mount Vernon Police Department, Defendants.

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

November 13, 1997.

Attorney(s) appearing for the Case

Mary D. Dorman, New York, NY, for Plaintiffs.

Douglas J. Martino, Martino & Weiss, Mount Vernon, NY, for Defendants.

MEMORANDUM DECISION AND ORDER

PARKER, District Judge.

INTRODUCTION

Plaintiffs have brought this action pursuant to 42 U.S.C. § 1983 and related state laws, alleging violations of their Fourth Amendment right to be free from unreasonable searches and seizures. Defendants have moved for summary judgment pursuant to Fed.R.Civ.P. 56., in part on the basis of qualified immunity. For the reasons stated herein, defendants' motion for summary judgment...

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