Rodriguez v. City of New York et al
| Tyler Rodriguez |
| City of New York, Antonio Cuin, John Doe, Allen and Williams |
| 1:2014cv08647 |
| January 29, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Paul G. Gardephe |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
38
ORDER for 33 Report and Recommendations. For the reasons stated above, this Court adopts Judge Maas's recommendation that Defendants' motion to dismiss be denied with respect to (1) Plaintiff's Eighth Amendment excessive forc e claim against Officer Allen, Officer Williams, Captain Aldmodovar, and Captain Myke; and (2) Plaintiff's First Amendment retaliation claim against Officer Allen, Officer Williams, Captain Aldmodovar, Captain Myke, and Captain Williams . Plaintiff's remaining claims are dismissed. The Clerk of the Court is directed to terminate the motion (Dkt. No. 26) and to mail a copy of this Order to Tyler Rodriguez, 149 Stephens Ave., Apt. 1, Bronx, New York 10473. Thi s Court will conduct a conference in this matter on October 6, 2016, at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 9/28/2016) (kl)
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