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SERRA v. U.S. GENERAL SERVICES ADMIN.

No. 86 Civ. 9656 (MP).

664 F.Supp. 798 (1987)

Richard SERRA, Plaintiff, v. UNITED STATES GENERAL SERVICES ADMINISTRATION; Terrence C. Golden, Administrator, General Services Administration; William F. Sullivan, Commissioner, Public Buildings Service, General Services Administration; William J. Diamond, Regional Administrator (Region Two), General Services Administration, Officially and Individually; Dwight Ink, Former Acting Administrator, General Services Administration, Individually, Defendants.

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

July 14, 1987.

Attorney(s) appearing for the Case

Gustave Harrow, New York City, for plaintiff.

Rudolph W. Giuliani, U.S. Atty., S.D.N.Y. by Richard M. Schwartz, New York City, Joel C. Mandelman, Deputy General Counsel, U.S. General Services Admin., Washington, D.C., Barbara G. Gerwin, Regional Counsel, U.S. General Services Admin., Region 2, New York City, for defendants.

MILTON POLLACK, Senior District Judge.

Defendants in this case have moved, pursuant to Rules 12(b)(1), 12(b)(6) and 56 of the Federal Rules of Civil Procedure, to dismiss the complaint, or for summary judgment. In this Opinion, the Court will address the issue of whether defendants William Diamond and Dwight Ink, sued in their personal capacities (Diamond is also sued in his official capacity), are immune from personal liability under the doctrines of absolute and...

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