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Type
Opinion
Author
Roger Jeffrey Miner
Filed
Feb. 4, 2000
Case
John Martinez v. Tosano Simonetti
Case status
Decided

Opening text

The first passage of the document, as extracted by the source provider.

202 F.3d 625 (2nd Cir. 2000) JOHN MARTINEZ, Plaintiff-Counter-Defendant-Appellee, v. TOSANO SIMONETTI AND RICHARD J. ROSA, Defendants-Appellants, THOMAS McCAULEY, Defendant-Counter-Claimant-Appellant, NANCY HEINZ-FALJEAN, Esq., Defendant-Cross-Claimant-Counter-Claimant-Appellant, RICHARD OLIVO, Defendant-Cross-Claimant, JAMES FULGINITI, WILLIAM HYLAND, RICHARD TRAPANESE and ANTHONY DISCALA, Defendants-Cross-Claimants-Counter-Claimants, THE NEW YORK CITY POLICE DEPARTMENT, RAYMOND W. KELLY, Police Commissioner, JAMES TAVARES, and RICHARD GUTCH, Defendants, NEW YORK CITY, Defendant-Cross-Defendant. Docket No. 99-7154 August Term, 1999 UNITED STATES COURT OF APPEALS SECOND CIRCUIT Argued: Sep. 29, 1999 Decided: Feb. 4, 2000 Appeal from an order of the United States District Court for the Eastern District of New York (Johnson, J.), denying the motions for summary judgment made on qualified immunity grounds by each of the defendant-appellant police officers in a civil rights action arising out of the arrest and prosecution of plaintiff-appellee, the district court having identified disputed issues precluding a determination that the acts of the officers were objectively reasonable as a …

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