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KIDD v. ANDREWS

No. 02-CV-6244L.

340 F.Supp.2d 333 (2004)

Bobbie KIDD, Plaintiff, v. Anginelle ANDREWS, individually and as Superintendent of the Albion Correctional Facility, et al., Defendants.

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

October 12, 2004.

Attorney(s) appearing for the Case

Ivar Goldart, Falk & Klebanoff, PC, New York City, Jeffrey P. Falk, Falk & Klebanoff, PC, West Hempstead, NY, Clark J. Zimmermann, Jr., Trevett, Lenweaver & Salzer, P.C., Rochester, NY, for Plaintiff.

Charles D. Steinman, Rochester, NY, for Defendants.

DECISION AND ORDER

LARIMER, District Judge.

Plaintiff, Bobbie Kidd, commenced this action under 42 U.S.C. § 1983 on August 8, 2002. Plaintiff, a female inmate in the custody of the New York State Department of Correctional Services ("DOCS"), alleges that she was raped and impregnated in August 2001 by defendant Dean Schmidt, who at the time was a correction officer at Albion Correctional Facility ("Albion")

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