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PISCIOTTI v. COUNTY OF WAYNE

No. 99-CV-6204L.

76 F.Supp.2d 307 (1999)

Richard J. PISCIOTTI, Sheriff, Plaintiff, v. COUNTY OF WAYNE, a Municipal Corporation, or political subdivision in the State of New York, Peter Stirpe, individually and as an employee of Wayne County, and John Doe, individually and as an employee of Wayne County, Defendants.

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

December 21, 1999.

Attorney(s) appearing for the Case

Edward L. Fiandach, Fiandach & Fiandach, Rochester, NY, for Plaintiff.

John M. Wilson, II, Boylan, Brown, Code, Fowler, Vigdor & Wilson, LLP, Rochester, NY, for County of Wayne & John Doe.

Charles F. Crimi, Jr., Rochester, NY, for Peter Stripe.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Richard J. Pisciotti, commenced this action under 42 U.S.C. § 1983 and the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552, alleging that defendants wrongfully released certain information about plaintiff to a third party. Defendants have filed a motion to dismiss the complaint under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure.

FACTUAL BACKGROUND

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