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Plaintiff-appellant Alvin D. Schwapp, Jr. appeals from a summary judgment entered in the United States District Court for the District of Connecticut (Covello, J.) in favor of defendants, the court having determined that plaintiff failed to raise a triable issue on his claim of a violation, based on a hostile work environment, of the provisions of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and that plaintiff also failed to raise a triable issue with respect to his claims of violations of 42 U.S.C. §§ 1981 and 1983. In making this determination, the court excluded from its consideration racially-hostile comments and conduct that did not occur in the plaintiff's presence, as well as affidavits of fellow officers that the court found vague and conclusory.

For the reasons that follow, we reverse the judgment of the district court and remand for further proceedings consistent with this opinion.


118 F.3d 106 (1997)

Alvin D. SCHWAPP, Jr., Plaintiff-Appellant,


TOWN OF AVON; Philip K. Schenck; Thomas A. Transue; Harold T. LeMay, Jr.; Paul A. Olson; Steven A. Howe; James A. Martino, Jr.; Richard W. Hines; William Shea, II; S. Edward Jeter; Joseph C. Woodford; Beatrice Murdock France; and Modesto F. Brunoli, Defendants-Appellees.

No. 1629, Docket 96-9397.

United States Court of Appeals, Second Circuit.

Argued May 2, 1997.

Decided July 2, 1997.

New York Law School location: File #2529, Box #137