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OKURE v. OWENS

No. 85-CV-1483.

625 F.Supp. 1568 (1986)

Tom U.U. OKURE, Plaintiff, v. Javan OWENS and Daniel G. Lessard, Defendants.

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

January 23, 1986.

Attorney(s) appearing for the Case

Sullivan, Rehfuss, Cunningham & Brennan, Albany, N.Y., for plaintiff; Joseph M. Brennan, of counsel.

Robert Abrams, Atty. Gen., Albany, N.Y., for defendants; Eileen E. Bryant, Asst. Atty. Gen., of counsel.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Plaintiff brings the present action under 42 U.S.C. § 1983 seeking damages for the alleged violation of plaintiff's constitutional rights. Defendants move to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons discussed below the court denies defendants' motion.

BACKGROUND

On January 27, 1984, defendants arrested plaintiff for...

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