United States Second Circuit

In case of mistaken identity where plaintiff was arrested and imprisoned for the armed robbery of an Amoco service station and convenience store and the charges were later dismissed, summary judgment for defendants is vacated as to two individual defendants and the city where assertions of qualified immunity cannot be determined on summary judgment, and where city admitted that these defendants were following city policy. (Amended)

Appellate Information

• Decided 06/12/2007
• Published 06/12/2007

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.