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FEERICK v. SUDOLNIK

No. 92 Civ. 6539 (JFK).

816 F.Supp. 879 (1993)

Patricia A. FEERICK, Orlando Rosario, John DeVito, and Mayra Schultz, Plaintiffs, v. Joan SUDOLNIK, Supreme Court Judge, as a Justice of the Supreme Court of New York, Robert Morgenthau, District Attorney of New York County, and the District Attorney's Office of New York County, Lawrence "Larry" Stevens, individually and as an Assistant District Attorney for the New York County District Attorney's Office, Sarah "Sally" Strauss, individually and as an Assistant District Attorney for the New York County District Attorney's Office, Lee P. Brown, as Police Commissioner of the City of New York, and the Police Department of the City of New York; and D.I. Joseph DiMartini, Lt. Kim Foley, Sgt. William Harvey, Det. Robert Miller, Lt. John Laine, and the Internal Affairs Division, all of the New York City Police Department, Defendants.

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

February 17, 1993.

Attorney(s) appearing for the Case

Dienst & Serrins, New York City (Richard A. Dienst, of counsel), for plaintiffs.

O. Peter Sherwood, Corp. Counsel of the City of New York (Antonia Kousoulas, of counsel), for defendants Brown, Police Dept., DiMartini, Foley, Harvey, Miller, Laine and Internal Affairs Div.

Robert M. Morgenthau, Dist. Atty. of New York County (Sylvia Wertheimer, Mark Dwyer, of counsel), for defendants Morgenthau, Dist. Attorney's Office, Stevens, and Strauss.

Robert Abrams, Atty. Gen. of the State of N.Y. (Lisa M. Evans, of counsel), for defendant Sudolnik.

OPINION AND ORDER

KEENAN, District Judge:

INTRODUCTION

Before the Court are the defendants' motions to dismiss the complaint under the abstention doctrine of Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971), or, in the alternative, for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure ("FRCP"). Plaintiffs, who were...

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