George Martinez v. Henry Rosado and Stephen Dalsheim, Individually and as Superintendent of the Ossining Correctional Facility

This appeal, in a prison inmate’s action under 42 U.S.C. § 1983 for an alleged beating by a prison guard, is from an order granting the defendants’ motion for summary judgment by the United States District Court for the Southern District of New York, Edward Weinfeld, Judge. While the case is a very close one, we hold that the complaint states a claim for relief under § 1983 and that the defendants’ affidavits were sufficiently controverted by plaintiff under Rule 9(g) of the General Rules for the Southern and Eastern Districts to raise triable issues of fact. We therefore reverse.

The facts as…