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DAY v. MORGENTHAU

No. 1237, Docket 90-7040.

909 F.2d 75 (1990)

Christopher C. DAY, Ph.D., Plaintiff-Appellant, v. Robert M. MORGENTHAU, in his official capacity as District Attorney for the County of New York, John W. Moscow, Individually and in his official capacity as Assistant District Attorney for the County of New York, Hon. Edward McLaughlin, Individually and in his official capacity as Judge of the Criminal Court of the City of New York, Joseph B. Murray, Individually and in his official capacity as Senior Court Officer, "Jane Doe" Marshall, individually and in her official capacity as an officer of the New York City Department of Correction, Richard Koehler, in his official capacity as Commissioner of the New York City Department of Correction, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 19, 1990.

As Amended on Grant of Rehearing August 29, 1990.

Attorney(s) appearing for the Case

Bernard Fromartz, Brooklyn, N.Y., for plaintiff-appellant.

Howard L. Perzan, Asst. Dist. Atty., New York City (Robert M. Morgenthau, Dist. Atty., Marc Frazier Scholl, Asst. Dist. Atty., New York City, of counsel), for defendants-appellees Morgenthau and Moscow.

Stephen Mendelsohn, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen., N.Y., Lawrence S. Kahn, Deputy Sol. Gen., New York City, of counsel), for defendant-appellee Murray.

Helena Lee, New York City (Victor A. Kovner, Corp. Counsel, Stephen J. McGrath, New York City, of counsel), for defendants-appellees Marshall and Koehler.

Before KAUFMAN, KEARSE and MINER, Circuit Judges.

MINER, Circuit Judge:

Plaintiff-appellant Christopher C. Day appeals from a judgment of the United States District Court for the Southern District of New York (Duffy, J.) dated October 30, 1989, dismissing his complaint for failure to state a claim upon which relief may be granted, see Fed.R.Civ.P. 12(b)(6), and from a December 13 order of that court denying leave to file an amended complaint, see Fed.R.Civ.P. 15(a). Day alleged in his initial...

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