Davis v. Duran

MEMORANDUM OPINION AND ORDER

JEFFREY COLE, United States Magistrate Judge.

INTRODUCTION AND BACKGROUND

On September 19, 2008, Tyrone Dandridge and his brother, Curtis, were engaged in a physical altercation in the living room of Curtis’ apartment. As they struggled, a glass table was shattered leaving shards of glass strewn about the floor. Sometime during the fight, Curtis’ girlfriend, Ivelise Caro, telephoned the police for help. Officers Rene Duran and Daniel Kolodziejski were the first to arrive at the scene. Upon entering the apartment, Officer Duran ordered the two to let each other go. As…