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GOLIO v. CITY OF WHITE PLAINS

No. 06 CIV. 1691 CM/GAY.

459 F.Supp.2d 259 (2006)

Dominick I. GOLIO, Plaintiff, v. CITY OF WHITE PLAINS, City of White Plains Police Officers Jennifer Suggs, Badge 151, F/N/U/ Lopez, Badge Unknown, and Doe One Through Five, Being City of White Plains Police Officers Not Yet Identified, Defendants.

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

November 2, 2006.

Attorney(s) appearing for the Case

George David Wachtel, Kuby & Perez, LLP, New York City, for Plaintiff.

Joseph Anthony Maria, Joseph A. Maria, P.C., White Plains, NY, for Defendants.

MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART THE MOTION OF THE INDIVIDUAL DEFENDANTS (SUGGS AND LOPEZ) TO DISMISS ON GROUNDS OF QUALIFIED IMMUNITY

McMAHON, District Judge.

As is well known, the doctrine of qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). This court has handled literally...

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