PHIPPS v. McGINNIS

No. 69 Civ. 3236.

327 F.Supp. 1 (1970)

Robert E. PHIPPS, Plaintiff, v. Paul D. McGINNIS, Commissioner of Correction and Harold W. Follette, Warden, Green Haven Prison, Stormville, New York, Defendants.

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

Supplemental Opinion April 13, 1970.


Attorney(s) appearing for the Case

Peter W. Williamson, New York City, for plaintiff; Robert E. Phipps, pro se.

Louis J. Lefkowitz, Atty. Gen. of New York, for defendants; John G. Proudfit, New York City, of counsel.


MEMORANDUM OPINION

LASKER, District Judge.

Defendants move pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure for an order dismissing plaintiff's complaint on the ground that the complaint fails to state a claim upon which relief may be granted. Defendants contend that plaintiff's claim "does not raise a valid issue for consideration by this Court." I disagree.

After arrest, but before conviction, plaintiff spent 488 days in county...

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