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NEWTON v. CITY OF NEW YORK

No. 07 Civ. 6211(SAS).

784 F.Supp.2d 470 (2011)

Alan NEWTON, Plaintiff, v. The CITY OF NEW YORK; Sergeant Patrick J. McGuire, Police Officer Stacy Haskins, Geraldine Kiely, and Chief Jack J. Trabitz, individually and in their official capacities as Employees of the City of New York, Defendants.

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

May 12, 2011.

Attorney(s) appearing for the Case

David Thomas Goldberg, Donahue & Goldberg, L.L.P., John Francis Schutty, III, New York, NY, for Plaintiff.

Arthur Gabriel Larkin, III, Maurice L. Hudson, Meghan Ann Cavalieri, Fred Michael Weiler, New York, NY, for Defendants.

OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION1

The story of Alan Newton's wrongful incarceration for rape and assault is a familiar and troubling one for this Court. Newton was convicted in 1985, primarily on the basis of eyewitness testimony. No DNA evidence was offered at trial, as such testing was not available or trustworthy at that time. In August, 1994, New York passed a...

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