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SMITHERMAN v. N.Y.C. DEPT. OF CORR. INV. COM. UNIT

No. 82 Civ. 617(MP).

557 F.Supp. 877 (1983)

Jesse SMITHERMAN, Plaintiff, v. NEW YORK CITY DEPARTMENT OF CORRECTION INVESTIGATION COMPLAINT UNIT, Captain Hunter, Rikers Island Warden West, City Commissioner Benjamin Ward, Rikers Island Official Haydey, Defendants.

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

January 19, 1983.

Attorney(s) appearing for the Case

Jesse Smitherman, pro se.

Frederick A.O. Schwarz, Jr., Corp. Counsel by Kenneth A. Sommer, Asst. Corp. Counsel, New York City, for defendant.

OPINION AND ORDER

MILTON POLLACK, District Judge.

Defendants New York City Department of Correction Investigation Complaint Unit (Department) and Captain Hunter (Hunter) move to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6). In particular, defendants state that (1) all of plaintiff's claims are barred by applicable statutes of limitation, (2) that the complaint fails to state a claim upon which relief can be granted and (3) that the complaint fails...

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