Judge OWEN dissents in a separate opinion. CARDAMONE, Circuit Judge. Defendant Mayor John D. Spencer of the City of Yonkers, New York (Mayor Spencer or Mayor), in his individual capacity, and defendant the City of Yonkers (City) (collectively, defendants or appellants) appeal from a judgment entered on April 6, 2004 in the United States District Court for the Southern District of New York (McMahon, J.), f…
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