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McKEON v. DALEY

No. 5:98-CV-193.

101 F.Supp.2d 79 (2000)

Mary R. McKEON, Plaintiff, v. Michael E. DALEY, Individually, and as District Attorney for the County of Herkimer, State of New York; John Ahern, Individually, and as an employee, agent and servant of the New York State Police; and The County of Herkimer, State of New York, Defendants.

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

May 24, 2000.

Attorney(s) appearing for the Case

L. John Van Norden, Schenectady, NY, for plaintiff.

Carter, Conboy, Case, Blackmore, Napierski & Maloney, P.C., Albany, NY, for defendant Daley & Herkimer County, Blair W. Todt, of counsel.

Hon. Eliot Spitzer, Attorney General of the State of New York, Department of Law, Albany, NY, for defendant, Ahern.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiff, Mary R. McKeon ("plaintiff"), commenced the instant action on February 5, 1998, alleging violations of her constitutional rights pursuant to 42 U.S.C § 1983, the New York State Constitution, and state common law. Defendants Michael E. Daley, Individually, and as District Attorney for the County of Herkimer, State of New York ("Daley" or...

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