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DINEEN EX REL. DINEEN v. STRAMKA

No. 00 CIV. 8262(WCC).

228 F.Supp.2d 447 (2002)

Jack DINEEN, as Executor of the Last Will and Testament of Edward J. Dineen, Plaintiff, v. Dennis J. STRAMKA, Defendant.

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

October 30, 2002.

Attorney(s) appearing for the Case

Besen and Trop, L.L.P., Attorneys for Plaintiff, Garden City, Robert E. Trop, Esq., Of Counsel.

Eliot Spitzer, Attorney General of the State of New York, Attorneys for Defendant, New York, Katherine Timon, Asst. Attorney General, Of Counsel.

OPINION AND ORDER

CONNER, Senior District Judge.

Plaintiff Jack Dineen, as Executor of the Last Will and Testament of the estate of Edward J. Dineen ("Dineen"), deceased, brought this action pursuant to 42 U.S.C. § 1983, alleging that defendant Dennis J. Stramka violated Dineen's constitutional rights by the use of excessive force in apprehending Dineen. Plaintiff also asserted common law tort claims...

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