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RICCIUTI v. NEW YORK CITY TRANSIT AUTHORITY

No. 90 Civ. 2823 (CSH).

754 F.Supp. 980 (1990)

Alfred RICCIUTI, et al., Plaintiffs, v. NEW YORK CITY TRANSIT AUTHORITY, et al., Defendants.

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

December 13, 1990.

Attorney(s) appearing for the Case

Murphy & O'Connell, Kathleen M. O'Connell, of counsel, New York City, for plaintiffs.

Albert C. Cosenza, Steve Efron, of counsel, Brooklyn, N.Y., for New York City Transit Authority, Transit Authority Police Dept., Vincent del Castillo, Henry Lopez and R.L. Wheeler.

MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

In this civil rights action arising out of the arrests of plaintiffs by a New York City Transit Police officer, certain defendants move to dismiss the complaint under Rule 12(b)(6), F.R.Civ.P., for failure to state a claim upon which relief may be granted. Plaintiffs cross-move under Rule 15(a) for leave to file and serve an amended complaint.

Background

Plaintiffs Alfred Ricciuti...

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