District Court, S.D. New York July 17, 2003, 02 Civ. 9790(RWS) (Whitfield v. Fraser)

OPINION

SWEET, District Judge.

The defendants the New York City Department of Corrections (“DOC”); William Fraser, Commissioner of the DOC (“Fraser”); and the City of New York (“City”) (collectively “Defendants”) have moved under Rule 12(b)(6), Fed.R.Civ.P., to dismiss the complaint of plaintiff Darrik Whitfield (“Whitfield”). For the reasons set forth below, the motion is denied.