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.
Miner '56, Roger J., "Sarus v. Rotundo, 831 F. 2d 397 - Court of Appeals, 2nd Circuit 1987" (1987). Circuit Court Opinions. 85.