Mercurio v. City of New York

This appeal is from the denial of a motion by six individual defendants, all of whom are former or current members of the New York City Police Department (“NYCPD”), for reimbursement from their co-defendant, the City of New York (“City”) of costs and attorneys’ fees in-, curred by them in defending themselves in the underlying civil rights action against them and the City. The complaint, which sought relief under 42 U.S.C. § 1983 and New York common law, was filed on September 12, 1980. It alleged that on March 17, 1980, five of the individual defendants assaulted plaintiff Mercurio while he…