Pizarro v. Ponte et al
| Jose Pizarro |
| Joseph Ponte, N.Y.C. H.M.H., Morris, Goeed, Overton, Peters and Jane/Doe African American |
| 1:2017cv04412 |
| June 12, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Lorna G. Schofield |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
103
OPINION AND ORDER re: 70 MOTION for Summary Judgment filed by Geradeau, The City of New York, Joseph Ponte, N.Y.C. H.M.H. For the foregoing reasons, Defendants' motion for summary judgement is GRANTED in part and DENIED in part. Summary judgment is granted as to all Defendants on all claims except the (1) § 1983 excessive force claim against Defendants Morris, Geradeau, Overton and Peters for the alleged May 2, 2017, attack, and (2) assault and battery claim against Defendants Geradeau, Overton and Peters, for which summary judgment is denied. For clarity, the only remaining claims are the (1) § 1983 excessive force claim against Defendants Morris, Geradeau, Overton and Peters for the alleged May 2, 2017, attack (but not the handcuffing), and (2) assault and battery claim against Defendants Geradeau, Overton and Peter. The Clerk of Court is respectfully directed to close the motion at Docket Number 70 and to ma il a copy of this Opinion and Order to pro se Plaintiff. Separate orders will be issued setting trial dates and requesting pro bono counsel for Plaintiff. (Signed by Judge Lorna G. Schofield on 2/11/2019) (mro) Transmission to Docket Assistant Clerk for processing.
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