Legal Opinion
Cerbone v. County of Westchester
District Court, S.D. New York
Decided February 18, 1981No. 80 Civ. 3589PublishedCited by 1 opinion
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Marco Cerbone, the plaintiff, after a jury in Westchester County Court failed to reach a verdict, was convicted upon a retrial on charges of burglary in the third degree, petit larceny and criminal mischief. He is now serving concurrent sentences of 3-6 years, 1 year and 1 year respectively on these charges.
Notwithstanding that his judgment of conviction is in effect and his appeal to the Appellate Division remains unperfected to date, Cerbone commenced this action pursuant to 42 U.S.C. § 1983 seeking injunctive relief and damages against the District…
2Cases cited48 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Conley v. GibsonSupreme Court of the United States · 1957
- Haines v. KernerSupreme Court of the United States · 1972
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- United States v. WadeSupreme Court of the United States · 1967
43 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cerbone v. County of WestchesterDistrict Court, S.D. New York · 1981