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DAVIS v. COTOV

01 CV 3993(ADS)(ARL).

214 F.Supp.2d 310 (2002)

Donald D. DAVIS, Barbara A. Davis, Steven D. Myhand, Plaintiffs, v. Parole Officer Anthony COTOV # 1316, Parole Officer Mrs. Clemente, Police Officer Bill Walsh of Suffolk County, Police Officer Steven Bardak # 5021 of Suffolk County, Police Officer Christopher Craven, the Suffolk County Police Department, Command 310, Defendants.

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

August 14, 2002.

Attorney(s) appearing for the Case

Donald Davis, Romulus, NY, Pro Se.

Barbara A. Davis, Steven Myhand, Huntington Station, NY, Pro Se.

Eliot Spitzer, Attorney General of the State of New York, By: Toni E. Logue, Assistant Attorney General, Mineola, NY, Attorney for Defendants Parole Officer Anthony Cotov and Parole Officer Mrs. Clemente.

Robert J. Cimino, Suffolk County Attorney, By: Donnamarie Kopping, Assistant County Attorney, Hauppauge, NY, Attorney for Defendants Police Officer Bill Walsh, Police Officer Steven Bardak, Police Officer Christopher Craven, and the Suffolk County Police Department, Command 310.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

In this action, brought pursuant to 42 U.S.C. § 1983 ("Section 1983"), the complaint alleges false arrest, excessive force, and the deprivation of due process by two parole officers, several police officers, and the County of Suffolk. Presently before the Court are (1) a motion by the parole officers to dismiss the complaint as against them pursuant to Rule 12(b)(6) of the Federal Rules...

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