439 F.3d 137 Frank McCLELLAN, Plaintiff-Appellant,v.Steven SMITH, Individually and in His Official Capacity as Police Officer of the City of Rensselaer, Defendant-Appellee,City of Rensselaer, Defendant.Docket No. 04-5996-CV. United States Court of Appeals, Second Circuit. Argued: September 15, 2005. Decided: February 24, 2006. COPYRIGHT MATERIAL OMITTED Lee D. Greenstein, Albany, NY, for Plaintiff-Appellant. Gregory S. Mills, […]