In Cianfano v. Village of Tuckahoe, the District Court for the Southern District of New York addressed a personal injury case where an injured plaintiff brought suit against the local township and its police department after his suit against the driver was dismissed. In his suit, he alleged violations of his rights under federal and state law. Defendants filed a motion to dismiss, arguing that the issue of whether the driver was working under the scope of employment had been raised, fully and fairly litigated, and adjudicated against plaintiff in the prior lawsuit. The court agreed with defendants and found
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