KOPEC v. COUGHLIN

No. 90 Civ. 0236 (WK).

767 F.Supp. 467 (1991)

Mitchell KOPEC, Plaintiff, v. Thomas A. COUGHLIN, III, Dr. Raymond Broaddus, Robert W. Spence, Dr. Barry Scheinfeld and Francesco Karcnik, M.D., Defendants.

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

July 10, 1991.


Attorney(s) appearing for the Case

Amy I. Don, Michael Rikon, P.C., New York City, for plaintiff Mitchell Kopec.

Michael J. Asta, Schiavetti, BeVito, Begos and Nicholson, New York City, for defendant Dr. Barry Scheinfeld.

Sue Rosenshein, Asst. Atty. Gen., State of New York Dept. of Law, New York City, for defendants Thomas A. Coughlin, III, Dr. Raymond Broaddus, Robert W. Spence, Dr. Barry Scheinfeld, and Francesco Karcnik, M.D.


OPINION AND ORDER

WHITMAN KNAPP, Senior District Judge.

By memorandum and order dated June 21, 1990 we dismissed the complaint in this action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a cognizable claim under § 1983. Kopec v. Coughlin, (S.D.N.Y.1990) 767 F.Supp. 463. Familiarity with that opinion is presumed. On June 28 final judgment was entered. On January 2, 1991 the Second Circuit vacated...

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