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BIRMINGHAM v. OGDEN

No. 97 Civ. 8057(CM).

70 F.Supp.2d 353 (1999)

William BIRMINGHAM, Plaintiff, v. Louis C. OGDEN, individually, and The City of Middletown, New York, Defendants.

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

October 8, 1999.

Attorney(s) appearing for the Case

Jonathan Lovett, Lovett & Gould, White Plains, NY, for William Birmingham, plaintiff.

William K. Kerrigan, MacCartney, MacCartney, Kerrigan & MacCartney, Nyack, NY, for Louis C. Ogden, defendant.

Robert N. Isseks, Middletown, NY, for City of Middletown, New York, defendant.

MEMORANDUM DECISION DENYING DEFENDANTS' MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION, GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S DUE PROCESS CLAIM, GRANTING DEFENDANT CITY'S MONELL MOTION, DENYING DEFENDANT OGDEN'S REQUEST FOR QUALIFIED IMMUNITY, DECLINING TO EXERCISE JURISDICTION OVER PLAINTIFF'S CLAIM PURSUANT TO ARTICLE 78 OF THE NEW YORK CIVIL PRACTICE LAW AND RULES, AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFF'S REMAINING...

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