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MacFALL v. CITY OF ROCHESTER

No. 09-CV-6113L.

746 F.Supp.2d 474 (2010)

David S. MacFALL, Stephen B. Tortora, Stephen J. Ward, Michael V. Yodice, Plaintiffs, v. The CITY OF ROCHESTER, Chief David T. Moore, George Market, Executive Deputy Chief, Deputy Chief Michael Smith, Sergeant Ronald Malley, Sergeant Joseph Wukitch, Lieutenant Herb Brown, Defendants.

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

October 27, 2010.

Attorney(s) appearing for the Case

Jeffrey Wicks, Jeffrey Wicks, PLLC, Rochester, NY, for Plaintiffs.

William G. Bauer, Woods Oviatt Gilman LLP, Rochester, NY, for Defendants.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

INTRODUCTION

Lending credence to the adage that "nothing good happens after midnight," this action has its roots in an altercation involving two groups of people and several officers of the Rochester (New York) Police Department ("RPD") in the wee hours on the morning of June 1, 2007. What might have seemed at the time like an unexceptional late-night ruckus that would soon be forgotten...

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