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NEWTON v. CITY OF NEW YORK

No. 07 Civ. 6211.

640 F.Supp.2d 426 (2009)

Alan NEWTON, Plaintiff, v. The CITY OF NEW YORK; District Attorneys Mario Merola and Robert T. Johnson, Individually, and in Their Official Capacity; Andrea Freund and Various John/Jane Does, Individually and in Their Official Capacities As Employees of the City of New York Who Are/Were Assistant District Attorneys Within the Office of the District Attorney, County of Bronx; Detective Joanne Newbert, Detective Phillip Galligan, Detective [John Doe] Hartfield, Detective [John Doe] Ryan, Detective [John Doe] Harris, Police Officer Douglas Leho, Police Officer William Sean O'Toole, Lieutenant Michael Sheehan, Sergeant Patrick J. McGuire, Police Officer [John Doe] Haskins, Police Officer [Jane Doe] Kiely, Inspector Jack J. Trabitz and Various John/Jane Does, Individually and in Their Official Capacities As Employees of the City of New York Who Are/Were Members of the Police Department of the City of New York, Defendants.

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

July 31, 2009.

Attorney(s) appearing for the Case

John Francis Schutty III, Esq., Law Office of John F. Schutty, New York, NY, for Plaintiff.

Arthur Gabriel Larkin III, Esq., Fred Michael Weiler, Esq., New York, NY, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Alan Newton was imprisoned for more than twenty-two years for a crime that DNA testing has proved he did not commit. A year after he was exonerated, he filed this action against the City of New York and over a dozen of its officers and employees, alleging violations of his civil rights as a result of defendants' investigation, prosecution, and subsequent failure to examine...

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