ROCHEZ v. MITTLETON

No. 93 Civ. 0125 (RWS).

839 F.Supp. 1075 (1993)

Ana M. ROCHEZ, Plaintiff, v. Kenneth MITTLETON, Robert T. Johnson, in his official capacity as District Attorney of Bronx County, the City of New York, John Does 1-3, and Jane Roe, the latter John Does and Jane Roe being fictitious names to describe persons whose true identities are presently unknown to plaintiff, except to the extent that they are Court Officers assigned to the Criminal Court of the City of New York for Bronx County, who are jointly and severally liable for the damages alleged herein, Defendants.

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

December 20, 1993.


Attorney(s) appearing for the Case

Orenstein Musoff & Orenstein, P.C., New York City (Keith S. Orenstein, Michael J. Coyle, of counsel), for plaintiff.

Robert Abrams, Atty. Gen. of the State of New York, New York City (Mark G. Peters, Asst. Atty. Gen., of counsel), for defendant Kenneth Mittleton.

O. Peter Sherwood, Corp. Counsel of the City of New York, New York City (Gabriel Taussig, Robin Binder, Asst. Corp. Counsel, of counsel), for City defendants.


OPINION

SWEET, District Judge.

The City and the District Attorney (collectively the "Municipal Defendants") have moved for judgments pursuant to Rule 12(c) of the Federal Rules of Civil Procedure to dismiss the complaint of Plaintiff Ana M. Rochez ("Rochez"), brought pursuant to 42 U.S.C. § 1983 against Court Officer Kenneth Mittleton ("Mittleton"), four other unnamed individual defendants designated in her complaint as John Does 1-3 and Jane Roe (together...

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