Legal Opinion

Phipps v. McGinnis

District Court, S.D. New York

Decided March 20, 1970No. 69 Civ. 3236PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

LASKER, District Judge.

Defendants move pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure for an order dismissing plaintiff’s complaint on the ground that the complaint fails to state a claim upon which relief may be granted. Defendants contend that plaintiff’s claim “does not raise a valid issue for consideration by this Court.” I disagree.

After arrest, but before conviction, plaintiff spent 488 days in county jail. He is presently in the custody of the Warden of Green Haven Prison, Storm-ville, New York, where he was received June 5, 1968, after a…

2Cases cited24 opinions

  1. Monroe v. PapeSupreme Court of the United States · 1961
  2. Griffin v. IllinoisSupreme Court of the United States · 1956
  3. McNeese v. Board of Education for Community Unit School District 187 CahokiaSupreme Court of the United States · 1963
  4. Idlewild Bon Voyage Liquor Corp. v. EpsteinSupreme Court of the United States · 1962
  5. Cooper v. PateSupreme Court of the United States · 1964

19 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Clark v. ZimmermanDistrict Court, M.D. Pennsylvania · 1975
  2. Royster v. McGinnisDistrict Court, S.D. New York · 1971
  3. Powerlock Floors, Inc. v. Robbins Flooring Co., IncCourt of Appeals for the Third Circuit · 1972
  4. Royster v. McGinnisDistrict Court, S.D. New York · 1971
  5. Al Otro Lado, Inc. v. McAleenanDistrict Court, S.D. California · 2022

3 more not listed; retrieve them via the Exa API.

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