Legal Opinion
Whitfield v. Fraser
District Court, S.D. New York
Decided July 17, 2003No. 02 Civ. 9790(RWS)Published
1Opinion of the Court
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 on December 11, 2002. The motion was heard and marked fully submitted on May 28, 2003.
The Complaint
Whitfield was a tenured correction officer with the DOC. (Compl.H 30.) On…
2Cases cited26 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Chambers v. Time Warner, Inc.Court of Appeals for the Second Circuit · 2002
- Kolender v. LawsonSupreme Court of the United States · 1983
- Crowell v. BensonSupreme Court of the United States · 1932
- United States v. National Dairy Products Corp.Supreme Court of the United States · 1963
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