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INFANTE v. DIGNAN

No. 09-CV-6406 CJS.

782 F.Supp.2d 32 (2011)

George INFANTE, the Executor of the Estate of Rosemary Infante, Plaintiff, v. Caroline R. DIGNAN, Medical Examiner for Monroe County, New York, and Paul D. Gosink, Deputy Medical Examiner for Monroe County, New York, Defendants.

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

March 22, 2011.

Attorney(s) appearing for the Case

Thomas J. Marcelle, Esq. , Albany, NY, for Plaintiff.

Howard A. Stark, Esq. , Monroe County Department of Law, Rochester, NY, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This is an action pursuant to 42 U.S.C. § 1983 ("Section 1983"), in which Plaintiff maintains that Defendants violated the federal constitutional rights of Rosemary Infante, ("Ms. Infante") deceased, when they classified her death as a suicide. Now before the Court is Defendants' motion (Docket No. [# 13]) to dismiss. For the reasons that follow, the application is granted...

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