Legal Opinion

Newton v. City of New York

District Court, S.D. New York

Decided January 27, 2010No. 07 Civ. 6211(SAS)PublishedCited by 14 opinions

1Opinion of the Court

AMENDED OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Alan Newton was released from prison on July 6, 2006, after more than twenty-two years of incarceration for a rape and assault that DNA testing proved he did not commit. For eleven of those years, Newton repeatedly requested access to the rape kit that contained the ultimately exonerating DNA to no avail — not because Newton was not entitled to the rape kit, but because the government could not find it. As it turned out, the rape kit was in a safe storage location and within the City of New York’s (the “City”)…

2Cases cited67 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  5. Brady v. MarylandSupreme Court of the United States · 1963

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3Cited by14 opinions

  1. Schoolcraft v. City of New YorkDistrict Court, S.D. New York · 2015
  2. Collins v. City of New YorkDistrict Court, E.D. New York · 2013
  3. Newton v. City of New YorkCourt of Appeals for the Second Circuit · 2015
  4. Sclafani v. SpitzerDistrict Court, E.D. New York · 2010
  5. Newton v. City of New YorkDistrict Court, S.D. New York · 2010

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