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STEVENS v. METROPOLITAN TRANSP. AUTHORITY POLICE

No. 00 CIV. 3445(DC).

293 F.Supp.2d 415 (2003)

Charles STEVENS, Plaintiff, v. METROPOLITAN TRANSPORTATION AUTHORITY POLICE DEPARTMENT, Police Officer John Doe, individually and as a member of MTA Police Department, and other unknown "John Doe" and "Jane Doe" police officers individually and as members of the MTA Police Department, Defendants.

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

December 3, 2003.

Attorney(s) appearing for the Case

Law Offices of Thomas F. Liotti, Garden City, NY by Michael D. Elbert, for plaintiff.

Lester, Schwab, Katz & Dwyer, LLP, New York City by Thomas A. Catalano, for Defendant Metropolitan Transportation Authority.

MEMORANDUM DECISION

CHIN, District Judge.

On April 6, 1999, plaintiff Charles Stevens boarded a Long Island Rail Road train at Penn Station. He was wearing army fatigues and a mask, and was carrying a wooden staff and a military sword. A conductor asked him if he had a ticket. He responded by shaking his head and moving toward the back of the train. Police officers approached and asked him to drop the staff and leave the train. He refused. The officers...

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