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Argued: March 22, 2001

Appeal from orders of United States District Court for the Southern District of New York (McKenna and Patterson, Judges). Affirm in part and reverse in part. Plaintiff’s claims for unreasonable seizure, excessive force, First Amendment retaliation, intentional infliction of emotional distress and false imprisonment against defendant Crossan are remanded for further proceedings not inconsistent with this opinion.

Plaintiff Robert Kerman appeals from a judgment in the United States District Court for the Southern District of New York (Robert J. Patterson, J.) dismissing his complaint against nine defendant police officers and the City of New York. Plaintiff also appeals from an earlier order in the Southern District (Lawrence M. McKenna, J.) granting partial summary judgment for defendants. Kerman’s complaint, brought under 42 U.S.C. � 1983, alleged that defendant police officers violated his rights under the First and Fourth Amendments to the United States Constitution when they forcibly entered his apartment without a warrant, restrained him and sent him to a hospital against his will. Plaintiff also brought state law claims for battery, false imprisonment and intentional infliction of emotional distress. We affirm in part and reverse in part, as more fully set forth below, and remand for further proceedings not inconsistent with this opinion.

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