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PHELPS v. SZUBINSKI

No. 04-CV-773 (JMA).

577 F.Supp.2d 650 (2008)

Leon E. PHELPS, Jr., Plaintiff, v. P.O. Richard A. SZUBINSKI and The City of New York, Defendants.

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

September 23, 2008.

Attorney(s) appearing for the Case

Alan D. Levine, Esq., Kew Gardens, NY, for Plaintiff.

Michael A. Cardozo, Corporation Counsel of the City of New York by Susan P. Scharfstein, Assistant Corporation Counsel, New York, NY.

MEMORANDUM AND OPINION

AZRACK, United States Magistrate Judge:

Plaintiff, Leon E. Phelps, Jr. ("Phelps" or "plaintiff"), commenced this action pursuant to 42 U.S.C. § 1983 on February 25, 2004, against Police Officer Richard A. Szubinski ("Szubinski"), alleging false arrest and excessive force arising out of an incident that occurred on November 6, 2003, as well as state law claims for false arrest, battery and negligence, and derivative state...

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