BURGOS v. MURPHY

No. 87 Civ. 8151 (MBM).

692 F.Supp. 1571 (1988)

J. Ricardo BURGOS and Alton H. Maddox, Jr., Plaintiffs, v. Francis T. MURPHY as Presiding Justice of the Appellate Division, First Department; Theodore R. Kupferman, Leonard H. Sandler, Joseph P. Sullivan, David Ross, John Carro, Sidney H. Asch, E. Leo Milonas, Betty Weinberg Ellerin, Richard W. Wallach, George Bundy Smith as Associate Justices of the Appellate Division, First Department; Burton R. Roberts as Judge of the Criminal Term of the Supreme Court of the State of New York, County of Bronx; Bernard J. Fried as Acting Justice of the Supreme Court of the State of New York, County of Bronx; Geoffrey Q. Ralls as Administrator of the Assigned Counsel Plan for the Appellate Division, First Department, Defendants.

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

July 28, 1988.


Attorney(s) appearing for the Case

Alton H. Maddox, Jr., Brooklyn, N.Y., for plaintiffs.

Caren S. Brutten, Asst. Atty. Gen., of the State of N.Y., New York City, for defendants.


OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs in this action have asserted a purposeful and racially motivated denial of their civil rights. Defendants have moved to dismiss and for summary judgment, and for sanctions on the ground that plaintiffs' serious charges have no factual or legal basis. For the reasons set forth below, the motion is granted.

I.

Plaintiff J. Ricardo Burgos is an imprisoned indigent charged in Supreme Court...

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