Colon-Berezin v. Giuliani

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge.

Plaintiff Joya Colon-Berezin (“Berezin”) brings this action against defendants Rudolph Giuliani, the New York City Police Department, Howard Safir, the City of New York, and Officer Michael Pappas alleging, inter alia, that defendants’ truancy policy violated her Fourth Amendment rights under 42 U.S.C. § 1983. Defendants move to dismiss plaintiffs amended complaint pursuant to Rule 12 of the Federal Rules of Civil Procedure, 1 or in the alternate for partial summary judgment pursuant to Rule 56, arguing that plaintiff fails to state a claim…