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NACCARATO v. SCARSELLI

No. 98-CV-1115.

124 F.Supp.2d 36 (2000)

Michael A. NACCARATO, Plaintiff, v. Trooper Mark A. SCARSELLI and Trooper Craig Evert, Defendants.

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

December 14, 2000.

Attorney(s) appearing for the Case

Thorn, Gershon, Towne, Tymann & Bonanni, LLP, Attorneys for Plaintiff, Albany, NY, William M. Hoblock.

Hon. Eliot Spitzer, Attorney General of the State of New York, Attorney for Defendants, Department of Law, Albany, NY, Sean D. Quinn, Asst. Attorney General, of counsel.

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff Michael Naccarato ("Naccarato" or "plaintiff") commenced the instant action pursuant to 42 U.S.C. §§ 1983 and 1988 alleging violations of his First, Fourth, Fifth, and Fourteenth Amendment rights. Plaintiff also asserts pendent state law claims for assault and battery, false arrest and imprisonment, and intentional and negligent infliction...

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