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DE JESUS v. WARD

No. 76 Civ. 2690 (CHT).

441 F.Supp. 215 (1977)

Freddie DE JESUS, on behalf of himself and other New York Prisoners similarly situated, Merle Ratner and Elizabeth Koob, Plaintiffs, v. Benjamin WARD, Commissioner of the State of New York Department of Correctional Services, Jack Czarnetzky, Superintendent, Eastern New York Correctional Facility, Sgt. Westbrook, Officer Lothrop, Individually and in their official capacity as correctional officers at Eastern Correctional Facility, Defendants.

United States District Court, S. D. New York.

November 22, 1977.

Attorney(s) appearing for the Case

Emilio P. Gautier, Project Director, Bronx Legal Services, Corp. C., New York City, for plaintiffs (except Merle Ratner); Stephen M. Latimer, New York City, of counsel.

Merle Ratner, pro se.

Louis J. Lefkowitz, Atty. Gen. of State of N. Y., New York City, for defendants; Kevin J. McKay, Deputy Asst. Atty. Gen., New York City, of counsel.

MEMORANDUM

TENNEY, District Judge.

Defendants have moved this Court pursuant to Rule 12(b)(1) and (6) of the Federal Rules of Civil Procedure ("Rules") for an order dismissing the complaint on the grounds that this Court lacks jurisdiction over the subject matter of this case and that the complaint fails to state a claim upon which relief can be granted. Plaintiff De Jesus has moved for summary judgment pursuant to Rule 56 on his fourth claim, which alleges...

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