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Tracy v. Freshwater, No. 08-1769-cv (2nd Cir.) (623 F.3d 90) (October 14, 2010) (Judge Debra Ann Livingston)

In a civil rights action alleging excessive force by police, summary judgment for defendants is affirmed in part where a reasonable officer would have construed plaintiff's conduct as intentional and threatening. However, the judgment is vacated in part where an issue of material fact remained in dispute with respect to …

 

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