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RODRIGUEZ v. CITY OF NEW YORK

No. 09 Civ. 3642(JSR).

649 F.Supp.2d 301 (2009)

Manuel RODRIGUEZ, Plaintiff, v. The CITY OF NEW YORK; Commissioner of Police Raymond Kelly, Individually and as the Police Commissioner of the City of New York; Police Officer Christopher Grenier, Badge No. 30355, Individually and as a Police Officer; Police Officer Jose Toribio, Badge No. 10268, Individually and as a Police Officer; Police Officer Robert Greenleaf, Badge No. 30701 (Now Detective Under Badge 808), Individually and as a Police Officer; and Police Officers "John Doe" 1 Through 4, Individually and as Police Officers; New York County District Attorney Robert M. Morgenthau, Individually and as the District Attorney of New York County; and Assistant District Attorney Shirley Irick, Individually and as an Assistant District Attorney, and Assistant District Attorney "John Doe", Individually and as an Assistant District Attorney, Defendants.

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

September 2, 2009.

Attorney(s) appearing for the Case

Dominick Peter Revellino, Linda M. Cronin, Rocco G. Avallone, Cronin & Byezek, LLP, Lake Success, NY, for Plaintiff.

Sumit Sud, New York City Law Department, Patricia Jean Bailey, Susan C. Roque, New York County District Attorney's Office, New York, NY, for Defendants.

MEMORANDUM ORDER

JED S. RAKOFF, District Judge.

The instant action arises out of plaintiff's arrest on April 12, 2006 and subsequent prosecution for criminal possession of a concealed weapon, which was ultimately dismissed. Plaintiff brought this action in April 2009 against defendants, asserting claims for relief under federal and state law for violations of constitutional rights, conspiracy, false arrest, malicious prosecution, and failure to train...

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