Oliver v. Cuttler

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This action arises from the claims of the plaintiff, Virgil Oliver (the “plaintiff’), an African-American male, against the defendant, New York State Parole Officer Robert Cuttler (the “defendant”), for the violation of his constitutional and common law rights as the result of his arrest for a violation of New York Vehicle and Traffic Law § 1212. The defendant now moves for an Order dismissing the complaint pursuant to Fed.R.Civ.P. 12(b)(6) or in the alternative, for an Order granting summary judgment in his favor pursuant to Fed.R.Civ.P. 56.

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