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MARSHALL v. SWITZER

No. 92-CV-747 (FJS) (DNH).

900 F.Supp. 604 (1995)

Kirk MARSHALL, Plaintiff, v. Richard M. SWITZER, Former Deputy Commissioner, Office of Vocational Rehabilitation of the New York Stated Educational Department, In His Individual Capacity, and Lawrence C. Gloeckler, Deputy Commissioner, Office of Vocational and Educational Services for Individuals with Disabilities of the New York State Education Department, in His Individual and Official Capacity, Defendants.

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

October 4, 1995.

Attorney(s) appearing for the Case

Legal Aid Society of Mid-New York, Inc., Utica, New York (Paul J. Lupia, of counsel), for plaintiff.

Dennis C. Vacco, Attorney General of the State of New York, Albany, New York, for defendants.

DECISION AND ORDER

SCULLIN, District Judge:

PROCEDURAL BACKGROUND

Plaintiff brings this action pursuant to 42 U.S.C. § 1983, alleging that his rights under the Rehabilitation Act of 1973 were violated by defendants Switzer and Gloeckler. At the time of the alleged violation, defendant Switzer, who is being sued in his individual capacity, was serving as Deputy Commissioner of the New...

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