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BERMUDEZ v. CITY OF NEW YORK

Docket No. 14-1125-cv.

790 F.3d 368 (2015)

Fernando BERMUDEZ, Plaintiff-Appellant, v. CITY OF NEW YORK, Michael Lentini, William Fitzpatrick, Daniel Massanova, John Mulalley, Baker, (First Name Unknown), Mulcahy, (First Name Unknown), Various John Does, Who Are or Were Officers of the New York City Police Department, Individually & In Their Official Capacity, Various Jane Does, Who Are or Were Officers of the New York City Police Department, Individually, Defendants-Appellees, Robert M. Morgenthau, Individually & In His Official Capacity as Former District Attorney of New York County, Nancy Ryan, Individually & In Her Official Capacity as Assistant Attorney of New York County, James Rodriguez, Individually & In His Official Capacity As Assistant Attorney of New York County, Robin McCabe, Individually & In Her Official Capacity As Assistant Attorney of New York County, Mary C. Farrington, Individually & In Her Official Capacity, Hilary Hassler, Individually & In Her Official Capacity as Assistant Attorney of New York County, Herculano Izquierdo, Individually & In His Official Capacity as Assistant Attorney of New York County, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 15, 2015.

Attorney(s) appearing for the Case

Brian J. Isaac, Pollack, Pollack, Isaac, & De Cicco, LLP, New York, N.Y., for Plaintiff-Appellant.

Patricia A. Bailey, New York County District Attorney's Office, New York, N.Y., for Defendants.

Karen Griffin, New York City Law Department, New York, N.Y., for Defendants-Appellees.

Before: CALABRESI, HALL, Circuit Judges, RAKOFF, District Judge.

I. BACKGROUND

Plaintiff Fernando Bermudez was incarcerated 18 years for a murder he did not commit. The crime in question took place around 3:00 AM on August 4, 1991. A 16-year-old boy named Efraim Lopez was at a party at the Marc Ballroom in Manhattan, and was punched...

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