United States Second Circuit

In civil rights action brought after plaintiff prevailed in his habeas proceedings and avoided retrial on armed robbery charges, denial of defendants' summary judgment motion is vacated as a criminal defendant cannot establish a section 1983 claim: 1) against an officer who conducted a witness identification procedure; and 2) for "failure to train and supervise" against the police department.

Appellate Information

• Decided 06/18/2007
• Published 06/18/2007

Judges

• DENNIS JACOBS, Chief Judge:, Before:  JACOBS, Chief Judge, POOLER, and GIBSON, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Alan Beckoff, Assistant Corporation Counsel (Michael A. Cardozo, Corporation Counsel of the City of New York, on the brief;  Stephen J. McGrath, Liora Jacobi, of counsel), New York, NY, for Defendants-Appellants., Dawn M. Cardi (Robert Rosenthal, on the brief), New York, NY, for Plaintiff-Appellee.