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PEARCE v. ESTATE OF LONGO

No. 6:10-CV-1569.

766 F.Supp.2d 367 (2011)

Gina M. PEARCE; Stephen L. Pearce; and Joseph Longo, Plaintiffs, v. ESTATE OF Officer Joseph A. LONGO, Jr., Individually and as a former member of the Utica Police Department; Daniel Labella, Individually, as a member of the Utica Police Department, and as Commissioner of Public Safety; David Roefaro, Individually and as Mayor of Utica; City Of Utica; Utica Police Department; and John/Jane Doe, Defendants.

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

March 1, 2011.

Attorney(s) appearing for the Case

Office of John W. Dillon, of Counsel, John W. Dillon, Esq., New Hartford, NY, for Plaintiffs.

Office of Corporation Counsel, City of Utica, of Counsel, John P. Orilio, Esq., Armond J. Festine, Esq., Utica, NY, for Defendants LaBella, Roefaro, the City of Utica, and the Utica Police Department.

MEMORANDUM-DECISION AND ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiffs—distributee of Kristin Mary Palumbo Longo ("Kristin"), administrator of her estate, and guardians of the remaining distributees—bring this action against defendants for violations of Kristin's federal constitutional rights. The defendants include: the estate of Officer Joseph A. Longo, Jr.; Daniel LaBella ("LaBella...

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