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SWINTON v. CITY OF NEW YORK

No. 08 CV 3278 (RJD) (RML).

785 F.Supp.2d 3 (2011)

Silva SWINTON, Joseph Swinton, Silva Swinton as parent for Elianna ("ICE") Swinton (infant) and Silva Swinton as parent for Elian ("INI") Swinton (infant), Plaintiffs, v. The CITY OF NEW YORK, Queens County District Attorney Richard Brown, Assistant District Attorney Eric Rosenbaum, Assistant District Attorney Marjory Fisher, Detective Janet Barry and Police Officers John Doe (1), John Doe (2) and John Doe (3), Defendants.

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

March 28, 2011.

Attorney(s) appearing for the Case

Robert Milton Rambadadt , The Rambadadt Law Firm, P.C., New York, NY, for Plaintiffs.

David M. Hazan , Kathleen Erin Naughton , Steve Stavridis , New York City Law Department, New York, NY, for Defendants.

MEMORANDUM & ORDER

DEARIE, Chief Judge.

Plaintiffs bring claims under 42 U.S.C. §§ 1983, 1985 and 1986, and New York State law, arising from plaintiffs' arrest and conviction on charges relating to the severe malnutrition of their newborn infant. Defendants move to dismiss plaintiffs' First Amended Complaint (the "Amended Complaint" or "AC") under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. For the following reasons...

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