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MERCED v. CITY OF NEW YORK

No. 90 Civ. 2898(MEL).

856 F.Supp. 826 (1994)

Diana MERCED, Plaintiff, v. The CITY OF NEW YORK, and New York City Housing Authority, Defendants. The CITY OF NEW YORK, Third-Party Plaintiff, v. The UNITED STATES of America, Third-Party Defendant.

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

July 7, 1994.

Attorney(s) appearing for the Case

Dienst, Serrins, Newman, O'Malley & Epstein, New York City (Kenneth I. Wirfel, of counsel), for plaintiff.

Paul A. Crotty, Corp. Counsel, New York City (Steven Levi, Asst. Corp. Counsel, of counsel), for defendant and third-party plaintiff City of New York.

Windels, Marx, Davies & Ives, New York City (Dominick Morandi, of counsel), for defendant New York City Housing Authority.

Mary Jo White, U.S. Atty., New York City (Sara L. Shudofsky, Asst. U.S. Atty., of counsel), for U.S.

LASKER, District Judge.

Diana Merced, who was shot in the face and neck by two assailants in the hallway of her Bronx public housing project, sues the City of New York and Housing Authority Police under two legal theories: (1) that the defendants violated her civil rights under 42 U.S.C. § 1983 because their failure to protect her was based on a discriminatory motive — Merced's status as a Hispanic woman and victim of domestic violence; and (2) that the...

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