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DOE v. PHILLIPS

No. 870, Docket 95-7659.

81 F.3d 1204 (1996)

Jane DOE, Plaintiff-Appellee, v. Francis D. PHILLIPS, II, Defendant, Gerald D. D'Amelia, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 22, 1996.

Attorney(s) appearing for the Case

Robert N. Isseks, Middletown, New York (Alex Smith, Middletown, New York, on the brief), for Plaintiff-Appellee.

Phyllis A. Ingram, Nyack, New York (Harold Y. MacCartney, Jr., J. David MacCartney, Jr., MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, New York, on the brief), for Defendant-Appellant.

Before: KEARSE, JACOBS, and HEANEY, Circuit Judges.

Judge JACOBS dissents in a separate opinion.

KEARSE, Circuit Judge:

Defendant Gerald D. D'Amelia, Jr., an assistant district attorney for Orange County, New York, appeals from an order of the United States District Court for the Southern District of New York, Charles L. Brieant, Judge, denying his motion to dismiss the complaint of plaintiff Jane Doe, brought under 42 U.S.C. § 1983 (1994) for damages and declaratory relief on the ground that D...

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