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WAGNER v. HYRA

1:19-CV-4.

518 F.Supp.3d 613 (2021)

Cory WAGNER, Plaintiff, v. Alex HYRA, New York State Police Officer, Thomas Judge, New York State Police Officer, and John/Jane Doe, New York State Police Employee, Defendants.

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

Signed February 10, 2021.

Attorney(s) appearing for the Case

OF COUNSEL: BRIAN W. DEVANE, ESQ. , OFFICE OF BRIAN W. DEVANE, Attorneys for Plaintiff, 125 Adams Street, Delmar, NY 12054.

OF COUNSEL: LEE D. GREENSTEIN, ESQ. , OFFICE OF LEE GREENSTEIN, Attorneys for Plaintiff, 125 Adams Street, Delmar, NY 12054.

HON. LETITIA JAMES , New York State Attorney General, OF COUNSEL: RYAN W. HICKEY, ESQ. , Ass't Attorney General, Attorneys for Defendants, The Capitol, Albany, NY 12224.

MEMORANDUM-DECISION & ORDER

TABLE OF CONTENTS

I. INTRODUCTION 620

II. BACKGROUND 620

III. LEGAL STANDARDS 622

A. Rule 12(b)(1) 622

B. Rule 12(b)(6) 623...

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