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McDONALD v. DOE

No. 86 Civ. 2070 (RWS).

650 F.Supp. 858 (1986)

Winston McDONALD, Plaintiff, v. John DOE, Head Criminal Court Supervisor, Officer Ronald Miegel, Criminal Court Officer; Fliegelman, Criminal Court Officer; John Doe No. 1 Criminal Court Officer; David Barnhard, Assistant District Attorney of Bronx Criminal Court, New York; each individually and in their official capacities, Defendants.

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

December 31, 1986.

Attorney(s) appearing for the Case

Winston McDonald, pro se.

Frederick A.O. Schwarz, Jr., Corp. Counsel of the City of N.Y., New York City, for defendants; Donna Hill, Asst. Corp. Counsel, of counsel.

OPINION

SWEET, District Judge.

Defendant David Barnhard ("Barnhard"), Assistant District Attorney of Bronx Criminal Court, New York, has moved this court to dismiss plaintiff Winston McDonald's ("McDonald") complaint against him pursuant to Fed.R.Civ.P. 12(b)(6). McDonald, who is pro se,1 submitted an affidavit in reply instead of a memorandum of law, thus, perhaps inadvertently, converting the motion to one for summary...

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