MEMORANDUM AND ORDER
MORAN, District Judge.
Plaintiff Dean Koch brings this action under 42 U.S.C. § 1983 against Police Officers George Schneider ("Schneider") and Dennis Miller ("Miller"), Chief of Police Milo Rafelli ("Rafelli") and the Village of Justice ("Village"), to redress alleged violations of his Eighth and Fourteenth Amendment rights. Schneider and Miller have moved to dismiss Count III for failure to state a claim upon which relief may...
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