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WHITFIELD v. FRASER

No. 02 Civ. 9790(RWS).

272 F.Supp.2d 340 (2003)

Darrick WHITFIELD, Plaintiff, v. William J. FRASER, Correction Commissioner of the New York City Department of Correction; New York City Department of Correction; and the City of New York, Defendants.

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

July 17, 2003.

Attorney(s) appearing for the Case

Koehler & Isaacs by Mercedes Maldonado, New York City, for Plaintiff.

Honorable Michael A. Cardozo, Corporation Counsel of the City of New York by Nabisubi Musoke, Assistant Corporation Counsel, New York City, for Defendants.

OPINION

SWEET, District Judge.

The defendants the New York City Department of Corrections ("DOC"); William Fraser, Commissioner of the DOC ("Fraser"); and the City of New York ("City") (collectively "Defendants") have moved under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint of plaintiff Darrik Whitfield ("Whitfield"). For the reasons set forth below, the motion is denied.

Prior Proceedings

This action was commenced...

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