The following excerpt is from Baptiste v. Sennet & Krumholz, 788 F.2d 910 (2nd Cir. 1986):
Benefitted by the favorable inferences to which a plaintiff is entitled when faced with a motion to dismiss, Cruz v. Beto, 405 U.S. 319, 321-22, 92 S.Ct. 1079, 1081-82, 31 L.Ed.2d 263 (1972) (per curiam), the complaint alleges combined action by the sheriff, the City of New York,
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