Demetrius v. Marsh

MEMORANDUM

RAYMOND J. BRODERICK, District Judge.

Defendants separately through their individual attorneys move to dismiss this civil rights action on several grounds. For the reasons set forth herein, the defendants’ motions will be granted only insofar as the plaintiff’s Eighth Amendment claim is concerned; and will be otherwise denied.

Plaintiff, Julius Demetrius, through his attorney has filed this complaint in which he generally asserts a claim under the Civil Rights Act of 1871, 42 U.S.C. § 1983, based on the alleged excessive use of force against him during an arrest by defendants,…