DECISION and ORDER
MYRON L. GORDON, District Judge.
This case is before the court on the defendant's motion to dismiss for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure. The action arises under 42 U.S.C. § 1983, and the parties have submitted briefs and affidavits.
The general rule, as stated in Valle v. Stengel,
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