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DAMIANO v. CITY OF AMSTERDAM

No. 5:04-CV-1012.

466 F.Supp.2d 456 (2006)

Thomas M. DAMIANO and Rita Damiano, Plaintiffs, v. CITY OF AMSTERDAM, New York; and Gregory J. Culick, Ariel Santiago, Owen Fuhs, and Dean Palmieri, Each Individually, and as an Agent and/or Employee and Police Officer of the City of Amsterdam, and the City of Amsterdam. Police Department, Defendants.

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

December 19, 2006.

Attorney(s) appearing for the Case

Tobin & Dempf, Albany, NY (Kevin A. Luibrand, of counsel), for Plaintiffs.

Pennock Breedlove & Noll, Clifton Park, NY (Tracy M. Larocque, Carrie McLoughlin Noll, of counsel), for Defendants.

MEMORANDUM-DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Plaintiffs Thomas ("plaintiff' or "Damiano") and Rita Damiano (collectively "plaintiffs") commenced this action against The City of Amsterdam, New York ("City" or "Amsterdam"), Officers Gregory Culick ("Officer Culick"), Owen Fuhs ("Officer Fuhs"), Ariel Santiago ("Officer Santiago"), and Dean Palmieri ("Officer...

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