MEMORANDUM & ORDER
GORTON, District Judge.
On March 20, 2006, plaintiff Jordan M. Rice ("Rice") filed a complaint against defendant Eugene P. McCann ("Atty. McCann"), in his individual and official capacity as an attorney, under 42 U.S.C. §§ 1981, 1983, 1985 and 1988. He alleges legal malpractice in violation of his First, Fifth, Sixth, Eighth and Fourteenth Amendment rights. Both parties have now filed motions for summary judgment.
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