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HELMER v. MIDDAUGH

No. 5:99-CV-2226.

191 F.Supp.2d 283 (2002)

James HELMER as Administrator of The Estate of Bruce Helmer, Plaintiff, v. Daniel G. MIDDAUGH, Individually and in his official capacity as Sheriff of Oneida County, New York; M. Peter Paravati, Individually and as Undersheriff of Oneida County; James Brown, Individually and as Chief of Civil Division of Oneida County Sheriff's Department; County of Oneida; Oneida County Sheriff's Department; Lynn Meus, Individually and in her official capacity; Mary Lou Berie, Individually and in her official capacity; and Lieutenant Joseph Lisi, Individually and in his official capacity, Defendants.

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

March 11, 2002.

Attorney(s) appearing for the Case

A.J. Bosman Moore, Rome, NY, for plaintiff.

Gorman, Waszkiewicz, Gorman & Schmitt, Utica, NY (Bartle J. Gorman, of counsel), for defendants Middaugh, Paravati and County of Oneida.

Del Buono & Diodati, New Hartford, NY (David R. Diodati, of counsel), for defendant Brown.

McLane, Smith & Lascurettes, L.L.P., Utica, NY (Steven A. Smith, of counsel), for defendants Meus and Berie.

Petrone & Petrone, P.C., Utica, NY (David A. Bagley, of counsel), for defendant Joseph Lisi.

MEMORANDUM-DECISION AND ORDER

HURD, District Judge.

I. INTRODUCTION

On December 27, 1999, Bruce Helmer ("B.Helmer") commenced the instant action against defendants Daniel G. Middaugh, M. Peter Paravati, James Brown, County of Oneida, and Oneida County Sheriff's Department, pursuant to 42 U.S.C. § 1983, and asserting causes of action for deprivation of civil rights protected by the Fourth, Ninth, and Fourteenth Amendments...

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