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MASON v. TOWN OF NEW PALTZ POLICE DEPT.

No. 99-CV-622.

103 F.Supp.2d 562 (2000)

Garth MASON, Ethan Mason and Frank DiNoto, Plaintiffs, v. TOWN OF NEW PALTZ POLICE DEPARTMENT, John Does 1, 2 and 3, Defendants.

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

June 23, 2000.

Attorney(s) appearing for the Case

Law Offices of Michael H. Sussman, Stephen Bergstein of counsel, Goshen, NY, for Plaintiffs.

McCabe & Mack, LLP, David L. Posner of counsel, Poughkeepsie, NY, for Defendant Town of New Paltz Police Dept.

MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

INTRODUCTION

Plaintiffs sue defendant Town of New Paltz Police Department (Department) and three police officers (designated in the caption as "John Does 1, 2 and 3" and hereinafter referred to as "police officers") employed by the Department as of September 17, 1998, under 42 U.S.C. § 1983 and New York common law.

The Department moves for summary judgment dismissing the complaint...

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