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PRUITT v. CARNEY

No. CV 95-1581(ADS).

54 F.Supp.2d 169 (1999)

Benjamin PRUITT and Arthur Pruitt, Plaintiffs, v. Police Officers Don T. CARNEY, Timothy J. McCaffrey, and Joseph Miller, in their individual and official capacities, Defendants.

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

June 29, 1999.

Attorney(s) appearing for the Case

Law Offices of Frederick K. Brewington, Hempstead, NY, Frederick K. Brewington, Adrienne Brewington, Eric Sarver, of counsel, for plaintiff.

Jones Hirsch Connors & Bull P.C., New York City, Taso Kalapoutis, of counsel, for defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

I. BACKGROUND

This Section 1983 excessive force action was commenced by the plaintiffs, Benjamin Pruitt and Arthur Pruitt (collectively, "the plaintiffs"), two brothers, against the defendants, three Nassau County Police Officers in their individual and official capacities. Plaintiff Benjamin Pruitt alleged that defendant Officer Carney used unjustifiable and excessive force when he...

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