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GARRETT v. CITY OF MARKHAM

April 3, 2003

GARRETT
v.
CITY OF MARKHAM.



The opinion of the court was delivered by: James Zagel, United States District Judge

The plaintiff's complaint, which is, in many respects, confused and difficult to comprehend, is hereby dismissed because: (1) it fails to state a claim under Monell; (2) the matters alleged are barred by res judicata; and (3) the claims are barred by the applicable statute of limitations. Beyond the purely formalistic and much delayed claim of "ongoing violation," this case is nothing more than an attempt to rehash a case which was decided in state court. Even assuming the vague "ongoing violation" is pled, the claim fails under Monell.

Accordingly, the City's Motion to Dismiss is GRANTED.

20030403

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