Legal Opinion

Holzapfel v. Town of Newburgh, New York

District Court, S.D. New York

Decided January 15, 1997No. 95 Civ. 10409 (WCC)PublishedCited by 13 opinions

1Opinion of the Court

OPINION AND ORDER

WILLIAM C. CONNER, Senior District Judge:

Following a jury trial resulting in a verdict in favor of defendants Town of Newburgh and Charles M. Kehoe, plaintiff Joseph Holzapfel moves for judgment as a matter of law pursuant to Fed.R.Civ.P. 50 and for a new trial pursuant to Fed.R.Civ.P. 59. For the reasons set forth below, plaintiffs motions are denied.

I. BACKGROUND

Plaintiff has been a police officer in the Town of Newburgh Police Department since September 1990. Approximately one year after joining the police force, plaintiff was selected to be a police dog (“K-9”) handler…

2Cases cited45 opinions

  1. Barrentine v. Arkansas-Best Freight System, Inc.Supreme Court of the United States · 1981
  2. Tennessee Coal, Iron & Railroad v. Muscoda Local No. 123Supreme Court of the United States · 1944
  3. Tony and Susan Alamo Foundation v. Secretary of LaborSupreme Court of the United States · 1985
  4. Richard Samuels v. Air Transport Local 504Court of Appeals for the Second Circuit · 1993
  5. Steiner v. MitchellSupreme Court of the United States · 1956

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3Cited by13 opinions

  1. Joseph H. Holzapfel, and Others Similarly Situated v. Town of Newburgh, Ny Charles M. Kehoe, Chief of Police, Town of Newburgh Police DepartmentCourt of Appeals for the Second Circuit · 1998
  2. Dudley v. Wal-Mart Stores, Inc.Court of Appeals for the Eleventh Circuit · 1999
  3. Bull v. United StatesUnited States Court of Federal Claims · 2005
  4. Peterson v. County of NassauDistrict Court, E.D. New York · 1998
  5. Albanese v. Bergen CountyDistrict Court, D. New Jersey · 1998

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