This section contains the nature of the case and procedural background.

Andrew, was three, and he died on August 7, 1993. The child's death was determined to be the result of blunt injuries to the neck and brain. The Examiner's report also indicated that the brain was being preserved for further examination, but even so the next day a death certificate was issued stating that the death was a homicide. Police began an immediate investigation based on this report focusing on the boy's father. Eventually, by October, 1993 the Examiner's office got around to examining the brain and it clearly showed that the death was caused by a ruptured brain aneurysm. The autopsy report was never corrected, and law enforcement officials were never contacted. The police investigation continued, and it was not corrected until 17 months later. P sued the City of New York (D), and all claims were dismissed by the trial court.

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