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MENDOZA v. CITY OF ROME

No. 96-CV-1970.

70 F.Supp.2d 137 (1999)

Joseph M. MENDOZA and Lionel Goodman, Plaintiffs, v. CITY OF ROME; Police Department of the City of Rome, New York; Merino Ciccone, Individually and as Chief of Police of the City of Rome; Joseph Griffo, Individually and as Mayor and Public Safety Commissioner of the City of Rome; Ray Arcuri; Dominic Coriglino; Fred Rebinski; Investigator John Keyes; and Other Unknown Police Officers of the City of Rome, Individually and as Police Officers of the City of Rome; and the County of Oneida; Oneida County Sheriff's Department; Mary Wilson; Charles Schedarie; and Other Unknown Members of the Oneida County Sheriff's Department, Individually and as Deputy Sheriffs of the Oneida County Sheriff's Department, Defendants.

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

October 5, 1999.

Attorney(s) appearing for the Case

Law Offices of Kenneth P. Ray, P.C., Utica, New York, for plaintiffs; Charles W. Watson, of counsel.

Office of the Corporation Counsel, City of Rome, Rome, New York, for defendants the City of Rome; the City of Rome Police Department; Merino Ciccone; Joseph Griffo; Ray Arcuri; Dominick Coriglino; Fred Rebinski; John Keys; and Other Unknown Police Officers of the City of Rome; Gregory J. Amoroso, of counsel.

Gorman, Waszkiewicz, Gorman & Schmitt, Utica, New York, for defendants County of Oneida, Oneida County Sheriff's Department; Mary Willson; Charles Scheiderich; and Other Unknown Members of the Oneida County Sheriff's Department; Bartle J. Gorman, of counsel.

MEMORANDUM DECISION AND ORDER

MUNSON, Senior District Judge.

Plaintiffs' instant action, filed pursuant to Title 42 U.S.C. §§ 1983 and 1988, alleges defendants used excessive force and falsely arrested plaintiffs in violation of their rights under the First, Fourth, Fifth, Eight and Fourteenth Amendments of the United States Constitution. They seek compensatory and punitive damages, as well as attorneys fees and costs. Currently before the court...

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