Legal Opinion
Swinton v. City of New York
District Court, E.D. New York
Decided March 28, 2011No. 08 CV 3278 (RJD) (RML)PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM & ORDER
DEARIE, Chief Judge.
Plaintiffs bring claims under 42 U.S.C. §§ 1983, 1985 and 1986, and New York State law, arising from plaintiffs’ arrest and conviction on charges relating to the severe malnutrition of their newborn infant. Defendants move to dismiss plaintiffs’ First Amended Complaint (the “Amended Complaint” or “AC”) under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. For the following reasons, defendants’ motion to dismiss is granted and plaintiffs’ Amended Complaint is dismissed with prejudice.
1. Background.
As this case has been the subject of…
2Cases cited56 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Will v. Michigan Department of State PoliceSupreme Court of the United States · 1989
- Kentucky v. GrahamSupreme Court of the United States · 1985
- City of Canton v. HarrisSupreme Court of the United States · 1989
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3Cited by4 opinions
- Simon v. City of New YorkDistrict Court, E.D. New York · 2011
- Brill v. PostleDistrict Court, E.D. California · 2020
- Golden v. City of New YorkDistrict Court, S.D. New York · 2025
- Pratt v. Alaska Airlines IncDistrict Court, W.D. Washington · 2021