PHILLIPS v. DeANGELIS

No. 1:06-CV-1292.

571 F.Supp.2d 347 (2008)

Jeremy PHILLIPS and Kelly Chadwick, Each Individually, and as Parent and Natural Guardian of Courtney Phillips and Shelby Phillips, Plaintiffs, v. Patricia DeANGELIS, Officially as District Attorney of Rensselaer County and Unofficially in her Individual Capacity; Joseph Ahearn; William Roberts; John Doe, an unidentified employee of Rensselaer County District Attorney, in their Official and Unofficial Capacities; Rensselaer County; Trooper Matthew Zell; and Trooper Eric Leonard, Defendants.

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

August 12, 2008.


Attorney(s) appearing for the Case

Warren Redlich, Albany, NY, for Plaintiffs.

Napierski, Vandenburgh & Napierski, L.L.P., Albany, NY (Shawn F. Brousseau, Thomas J. O'Connor, of counsel), for Defendants, DeAngelis, Ahearn, Roberts, Doe, and Rensselaer County.

Andrew M. Cuomo, Attorney General of the State of New York, Albany, Ny (Roger W. Kinsey, Asst. Attorney General, Department of Law, of counsel), for Defendants, Zell and Leonard.


MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiffs Jeremy Phillips ("Phillips") and Kelly Chadwick ("Chadwick"), individually and as parents of Courtney Phillips and Shelby Phillips (collectively "plaintiffs"), bring this action against Rensselaer County District Attorney Patricia DeAngelis ("DeAngelis"), First Assistant District Attorney Joseph Ahearn ("Ahearn"), Assistant District...

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