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BARRY v. CITY OF NEW YORK

No. 11 CV 5533(CLP).

933 F.Supp.2d 416 (2013)

Ernest Steve BARRY and Michael Burkhart, Plaintiffs, v. The CITY OF NEW YORK, et al., Defendants.

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

March 21, 2013.

Attorney(s) appearing for the Case

Arthur Eisenberg, New York Civil Liberties Union Foundation, Christopher T. Dunn, Mariko Hirose, New York Civil Liberties Union Claudia Angelos, New York University School of Law, New York, NY, for Plaintiffs.

Johana Castro, NYC Law Department, New York, NY, Carl Joseph Copertino, Department of Law, Paige Ann Evans, MTA New York City Transit Authority, Richard Schoolman, New York Transit Authority, Brooklyn, NY, for Defendants.

MEMORANDUM AND ORDER

CHERYL L. POLLAK, United States Magistrate Judge.

On November 14, 2011, plaintiffs Ernest Steve Barry ("Barry" or "plaintiff") and Michael Burkhart ("Burkhart") commenced this civil rights action, pursuant to 42 U.S.C. § 1983, against the City of New York, the New York City Transit Authority ("TA" or "defendant"), and Officer Steven Dutes, a member of the New York City Police...

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