Newton v. City of New York

OPINION AND ORDER1

SHIRA A. SCHEINDLIN, UNITED STATES DISTRICT JUDGE.

I. INTRODUCTION

In 2007, Alan Newton sued the City of New York (the “City”) and certain of its employees (with the City, “defendants”), alleging a federal civil rights claim and pendent state claims for defendants’ failure to produce a rape kit that, when finally located in 2005, overturned his 1985 conviction for rape, robbery and assault.2 In bringing this action, Newton sought, inter alia, to impose liability under Section 1983 of Title 42 of the United States Code (“Section 1983”)3 and for intentional infliction of…