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DOE v. SMITH

No. 86 Civ. 9222 (GLG).

704 F.Supp. 1177 (1988)

John DOE, Plaintiff, v. Marjorie J. SMITH, Assistant District Attorney, Dutchess County, New York, William V. Grady, District Attorney, Dutchess County, New York, J.J. Chickering, Detective, Dutchess County, New York, The County of Dutchess, New York, Al Smith, Detective, Town of Poughkeepsie, New York, Town of Poughkeepsie, New York, Ruth Cummings, Susan E. Benson and Vassar College, Defendants.

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

October 3, 1988.

Attorney(s) appearing for the Case

Matays Hughes & Brown, New York City (Rodney A. Brown, of counsel), for plaintiff.

Ian G. MacDonald, Co. Atty., Dutchess County, Poughkeepsie, N.Y. (Keith P. Byron, Sr. Asst. Co. Atty., of counsel), for defendants, Marjorie J. Smith, William V. Grady, J.J. Chickering and County of Dutchess.

Spitz, Spitz & Fedorchak, Poughkeepsie, N.Y. (Andrew L. Spitz, of counsel), for defendants, Town of Poughkeepsie and Detective Alfred Smith.

Semel, Boeckmann, Diamond, Schepp & Yuhas, New York City (Michelle Schuster, of counsel), for defendants, Ruth Cummings, Susan E. Benson and Vassar College.

OPINION

GOETTEL, District Judge.

Plaintiff, John Doe, commenced an action alleging violations of his common law and constitutional rights to be free from malicious prosecution, 42 U.S.C. § 1983, and abuse of process, which he contends arose out of his prosecution and subsequent acquittal for committing an act of public lewdness, N.Y.Penal Law § 245.00. The case is before the court on the defendants' motion for dismissal, Fed.R.Civ.P. 12(b)(6),...

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