CZARECKI v. SCHERER

No. 97-CV-1523.

64 F.Supp.2d 92 (1999)

Stephen CZARECKI, as Executor of the Estate of Vivian N. Czarecki, Plaintiff, v. Scott F. SCHERER, Individually, and as a Police Officer of the Village of Herkimer, NY; Robert M. Risi, Individually, and as a Police Officer of the Village of Herkimer, NY; Carl L. Lane, Individually, and as Chief of Police of the Village of Herkimer, NY; John Doe, a fictitious name intended to represent the names of several Oneida County Sheriffs whose identities are as yet unknown, Individually, and in their official capacity as Sheriffs of the County of Oneida; and Village of Herkimer, Defendants.

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

August 31, 1999.


Attorney(s) appearing for the Case

Lockwood & Golden, Utica, NY, Stephen L. Lockwood, of counsel, for plaintiff.

Office of Michael M. Emminger, Albany, NY, David Winans, of counsel, for the Village of Herkimer defendants.


MEMORANDUM-DECISION AND ORDER

HURD, United States Magistrate Judge.

Presently before the court is the defendants' motion for summary judgment pursuant to Fed.R.Civ.P. 56. Plaintiff opposes. Oral argument was heard on August 12, 1999 in Utica, New York. Decision was reserved.

I. FACTS

On October 21, 1996 at approximately 1:30 a.m., Vivian Czarecki ("Czarecki"), a 72 year old New Jersey resident, was observed speeding...

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