Legal Opinion

O'HAGAN v. Soto

District Court, S.D. New York

Decided April 8, 1981No. 80 Civ. 1192PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

MOTLEY, District Judge.

On January 6, 1979, plaintiff, Brian O’Hagan, was arrested by defendant, Officer Hector L. Soto of the Haverstraw, New York, Police Department, and charged with possession of stolen property. On February 10, 1980, plaintiff began this action under 42 U.S.C. § 1983 claiming that his arrest and subsequent treatment violated various provisions of the United States Constitution. Defendant has now moved for summary judgment. For the reasons given below, the motion is granted in part and denied in part.

The Facts

On the evening of Friday, January 5,…

2Cases cited16 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Baker v. McCollanSupreme Court of the United States · 1979
  4. Howard Smith Bennett v. Albert Passic, Sheriff, Etc.Court of Appeals for the Tenth Circuit · 1976
  5. Mary Elizabeth Foy Donnelly v. H. Gibson GuionCourt of Appeals for the Second Circuit · 1972

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3Cited by16 opinions

  1. Rodgers v. Lincoln Towing Service, Inc.District Court, N.D. Illinois · 1984
  2. Brian O'Hagan v. Hector L. SotoCourt of Appeals for the Second Circuit · 1984
  3. Meadows v. KuhlmannCourt of Appeals for the Second Circuit · 1987
  4. Meadows v. KuhlmannCourt of Appeals for the Second Circuit · 1987
  5. Anderson v. New York State Division of ParoleDistrict Court, S.D. New York · 1982

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