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EDNEY v. KARRIGAN

No. 99 Civ. 1675(RWS).

69 F.Supp.2d 540 (1999)

Herbert D. EDNEY, Sr., Plaintiff, v. Sergeant H. KARRIGAN and (OIC) Correction Officer White, Defendants.

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

October 14, 1999.

Attorney(s) appearing for the Case

Herbert D. Edney, Sr., Ogdensburg, NY, plaintiff pro se.

Honorable Eliot L. Spitzer, Attorney General of the State of New York, New York City, by Stacy R. Sabatini, Assistant Attorney General, of counsel, for defendants.

OPINION

SWEET, District Judge.

Defendants Sergeant H. Kerrigan ("Kerrigan"), who has been used in this action as "Karrigan," and Corrections Officer White ("White") (collectively the "Defendants"), have moved to dismiss the complaint of plaintiff pro se Herbert D. Edney ("Edney") pursuant to Rules 12(b)(1) and 12(b)(6), Fed.R.Civ.P. More specifically, Kerrigan and White seek dismissal on the grounds...

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