Document Type


Publication Date



Plaintiffs-appellees Fred and Nandor ("Steve") Sarus commenced separate actions in the United States District Court for the Northern District of New York (McCurn, J.) against defendants Utica police officers Raymond Zdanowicz, Richard Citro and Louis Paciello, and defendants-appellants City of Utica, New York and its Chief of Police, Benny Rotundo. The complaints alleged violations of appellees' civil rights, see 42 U.S.C. § 1983 (1982), and pendent state claims against the individual officers for malicious prosecution, false arrest and imprisonment, and use of excessive force, arising from appellees' arrests after an altercation in a bar in Utica. The complaint also alleged, pursuant to section 1983, that the City and its Chief of Police (the "city defendants") were responsible for a policy or custom of deliberate indifference to civil rights that led to the violations attributed to the officers.

The jury returned verdicts in favor of appellees against the individual officers as well as against the city defendants. Only the City and Chief Rotundo have appealed. We reverse.


831 F.2d 397 (1987)

Fred Rodney SARUS and Nandor S. Sarus, Plaintiffs-Appellees, v. Benny ROTUNDO, individually, and as Chief of Police of the City of Utica, New York; and the City of Utica, New York, Defendants-Appellants, Raymond Zdanowicz, individually, and as a police officer, Utica, New York; Richard Citro, individually, and as a police officer, Utica, New York; Louis Paciello, individually, and as a police officer, Utica, New York, Defendants.

Nos. 1326 to 1329, Dockets 87-7053, 87-7055, 87-7061 and 87-7105.

United States Court of Appeals, Second Circuit.

Argued July 13, 1987.

Decided October 15, 1987.

New York Law School location: File #398, Box #120