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GREEN v. BAUVI

No. 88 Civ. 5329 (RPP).

792 F.Supp. 928 (1992)

Anthony GREEN, Plaintiff, v. Patrick BAUVI, Thomas A. Bushek, Clarence Colwell, William Fenton, Ted Nielsen, Ray Sanford, Amy Schnellbaecher, and Jacqueline Trepanier, Defendants.

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

May 8, 1992.

Attorney(s) appearing for the Case

Milbank, Tweed, Hadley & McCloy by Eugene F. Farabaugh, Joseph S. Genova, Gila Gellman, Dennis Doherty, New York City, for plaintiff.

Robert Abrams, Atty. Gen., State of N.Y. by Lisa Raphael, Barbara K. Hathaway, New York City, for defendants.

OPINION AND ORDER

ROBERT P. PATTERSON, Jr., District Judge.

This is an action brought under 42 U.S.C. § 1983 for a declaratory judgment and damages alleging violations of Plaintiff's rights under the Eighth and Fourteenth Amendments to the United States Constitution. Defendants move jointly pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss the complaint for failure to state a claim upon which relief can be granted. For the...

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