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MESSINA v. MAZZEO

No. 93-CV-2931.

854 F.Supp. 116 (1994)

James MESSINA, Plaintiff, v. Police Officers Frederick T. MAZZEO, John McCowan, Elander Williams, Marc Alvarez, Scott Harris, Lance Ho, and John Keegan, individually and in their official capacities as police officers for the City of New York, Correction Officer Harold Watson, individually and in his official capacity as a correction officer for the City of New York, Ernel Lewis, M.D., individually and in his official capacity as a doctor for the City of New York, City of New York, Defendants.

United States District Court, E.D. New York.

May 24, 1994.

Attorney(s) appearing for the Case

Joseph F. Tringali, Eric S. Kobrick, Aaron K. Kann, Simpson Thacher & Bartlett, New York City, for plaintiff.

Katherine Winningham, Asst. Corp. Counsel, Law Dept., New York City, for defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

This is a motion to dismiss plaintiff's civil rights complaint and pendent state law claims stemming from the treatment he received during his arrest and pretrial detention. In the alternative, defendants move for partial summary judgment.1 For the following reasons, defendants' motion is granted in part and denied in part.

FACTS

Although several facts...

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