United States Second Circuit

Russo v. Bridgeport, 05-4302

In civil rights action against police for false arrest stemming from case of mistaken identity, summary judgment for defendants is vacated as to two individual defendants and defendant city since: 1) based on plaintiff's evidence, a jury may find he was unreasonably seized; 2) the individual defendants' claim of qualified immunity cannot be determined at the summary judgment stage; and 3) the individual defendants possibly violated plaintiff's constitutional rights, and defendant city admitted that these officers were acting in accordance with custom, policy and practice.

Appellate Information

• Decided 02/27/2007
• Published 02/28/2007

Judges

• CALABRESI, Circuit Judge., Before:  KEARSE, CALABRESI, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Burton M. Weinstein, Weinstein, Weiner, Ignal, Napolitano & Shapiro, Bridgeport, CT, for Plaintiff-Appellant.


• For Appellees:
  
• Barbara Brazzel-Massaro, Office of the City Attorney, Bridgeport, CT, for Defendants-Appellees.