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DROGAN v. WARD

No. 87 Civ. 4233 (RWS).

675 F.Supp. 832 (1987)

Thomas DROGAN, Plaintiff, v. Benjamin WARD, Commissioner, New York City Police Department and Judith Levitt, City Personnel Director, New York City Department of Personnel, Defendants.

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

December 17, 1987.

Attorney(s) appearing for the Case

Kliegerman & Friess, New York City (Rosemary Carroll, of counsel), for plaintiff.

Peter L. Zimroth, Corp. Counsel of the City of New York, New York City (Patricia O'Malley, Susan Kath, of counsel), for defendants.

OPINION

SWEET, District Judge.

Plaintiff Thomas Drogan ("Drogan") commenced this action under 42 U.S.C. § 1983 alleging that respondents Benjamin Ward, Commissioner of the New York City Police Department, and Judith Levitt, City Personnel Director of the New York City Personnel Department, under color of state law deprived him of his constitutional right to be considered for a promotion without due process. Respondents moved to dismiss the claim under...

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