Legal Opinion

Santiago v. New York State Department of Correctional Services

District Court, S.D. New York

Decided November 29, 1989No. 89 Civ. 2069 (RPP)PublishedCited by 15 opinions

1Opinion of the Court

OPINION

ROBERT P. PATTERSON, JR., District Judge.

This is a motion to dismiss for improper service of process under Federal Rule of Civil Procedure 4(d), for failure to state a cause of action under Federal Rule of Civil Procedure 12(b)(6) and for lack of subject matter jurisdiction under Federal Rules of Civil Procedure 12(b)(1) and 12(h)(3).

Plaintiff Rafael Santiago, a hispanic employee of the New York State Department of Correctional Services (DOCS), seeks redress for damages incurred as a result of incidents surrounding his being placed on involuntary leave in August 1987. The defendants…

2Cases cited52 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950

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3Cited by15 opinions

  1. Rafael Santiago v. New York State Department of Correctional Services and Dr. Melvin J. Steinhart, New York State Department Correctional ServicesCourt of Appeals for the Second Circuit · 1991
  2. Carmen v. San Francisco Unified School DistrictDistrict Court, N.D. California · 1997
  3. Graves v. United StatesDistrict Court, District of Columbia · 1997
  4. Robert J. Austin, D/B/A Austin Roofing v. State Industrial Insurance System Laury M. Lewis, General ManagerCourt of Appeals for the Ninth Circuit · 1991
  5. Northern Nevada Ass'n of Injured Workers v. Nevada State Industrial Insurance SystemNevada Supreme Court · 1991

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