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NEWTON v. CITY OF NEW YORK

No. 07 Civ. 6211 (SAS).

ALAN NEWTON, Plaintiff, v. THE CITY OF NEW YORK; DISTRICT ATTORNEYS MARIO MEROLA AND ROBERT T. JOHNSON, INDIVIDUALLY, AND IN THEIR OFFICIAL CAPACITIES; ANDREA FREUND AND VARIOUS JOHN/JANE DOES, INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES AS EMPLOYEES OF THE CITY OF NEW YORK WHO AREIWERE ASSIST ANT DISTRICT ATTORNEYS WITHIN THE OFFICE OF THE DISTRICT ATTORNEY, COUNTY OF BRONX; DETECTIVE JOANNE NEWBERT, DETECTIVE PHILLIP GALLIGAN, DETECTIVE [JOHN DOE1 HARTFIELD, DETECTIVE [JOHN DOE1 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 DOE1 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 AREIWERE MEMBERS OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK, Defendants.

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

September 14, 2010.

Attorney(s) appearing for the Case

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

Arthur Gabriel Larkin III, Fred Michael Weiler, Assistant Corporation Counsel, The New York City Law Department, New York, New York, For Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

I. INTRODUCTION

Alan Newton was released from prison on July 6,2006, after serving more than twenty-two years for a rape and assault that DNA testing ultimately proved he did not commit. In 1988, Newton sought and was granted permission to test the rape kit containing the exonerating DNA evidence. This never happened. Instead, Patricia Ryan, a laboratory scientist employed...

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