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RASANEN v. BROWN

No. 04-CV-1995 (ADS)(ARL).

603 F.Supp.2d 550 (2009)

Leroy J. RASANEN, as Administrator of the Estate of John C. Rasanen, deceased, Plaintiff, v. Daniel BROWN, James W. Dewar, John W. O'Brien, Keith M. Skala, Tyler R. Finn, Tammy M. Mickoliger, Rodney C. Polite, Alan T. Brock, Michael Etherton, David H. Verne, Scott G. Dibble, Robert A. Buell, Paul C. Antonovich, Timothy C. Pidgeon, Bartosz J. Chilicki, and Michael Pellegrino, Defendants.

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

March 25, 2009.

Attorney(s) appearing for the Case

Harry H. Kutner, Jr., Mineola, NY, for the Plaintiff.

Office of the New York State Attorney General, by Assistant Attorney General Dorothy 0. Nese, of Counsel, Mineola, NY, for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

Leroy Rasanen ("the Plaintiff") brings this civil rights action pursuant to 42 U.S.C.1983 ("Section 1983"), alleging that the Defendants, New York State Troopers, used excessive force in fatally shooting his son John Rasanen ("Rasanen") during a search of Rasanen's home. Presently before the Court is the Defendants' motion for summary judgment.

I. BACKGROUND

In December...

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