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CAMPBELL v. FERNANDEZ

No. 98 CIV. 0140(CM).

54 F.Supp.2d 195 (1999)

Alphonsoe CAMPBELL, Plaintiff, v. POLICE OFFICER DAVID FERNANDEZ et al., Defendants.

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

May 21, 1999.

Attorney(s) appearing for the Case

Noel Tepper, Noel Tepper, Esq., Poughkeepsie, NY, for Alphonsoe Campbell, plaintiff.

David L. Posner, McCabe & Mack, Poughkeepsie, NY, for David Fernandez, Police Officer, L. Police Officer, John Doe, Richard Roe, Michael Moe, and other members of the City of Poughkeepsie Police Department Neighborhood Recovery Unit, Westchester County D.E.A. Drug Task Force Whose Names are Unknown, the City of Poughkeepsie Police Department, defendants.

MEMORANDUM DECISION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT DISMISSING THE COMPLAINT

McMAHON, District Judge.

In this action arising out of the arrest and subsequent strip search of plaintiff, defendants move for summary judgment dismissing the complaint. The motion is denied.

Viewed most favorably to plaintiff, the facts are as follows: plaintiff, a forty-six year old construction worker, stopped by Marksman's Mini Mart Grocery Store in Poughkeepsie...

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