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PERKINS v. McGUIRE

No. 79 Civ. 4016-CLB.

480 F.Supp. 840 (1979)

Gilbert F. PERKINS, Plaintiff, v. Robert J. McGUIRE, Individually and as Police Commissioner of the Police Department of the City of New York et al., Defendants.

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

November 29, 1979.

Attorney(s) appearing for the Case

Ira Leitel, New York City, for plaintiff.

Allen F. Schwartz, Corp. Counsel, New York City, for defendants; Edward F. Zagajeski, New York City, of counsel.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Defendants' motion in this civil rights action to dismiss the complaint pursuant to Rule 12(b)(6), F.R.Civ.P. on grounds of res judicata, and/or failure to state a claim, docketed November 9, 1979, has been enlarged to apply to plaintiff's first amended complaint docketed November 13, 1979. This action, originally filed August 2, 1979, raises constitutional issues. Plaintiff alleges that in his attempt...

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