Rende v. Rizzo

OPINION

DITTER, District Judge.

Two of the defendants in this police brutality suit, Mayor Frank L. Rizzo and Police Commissioner Joseph F. O’Neill, have filed a motion to dismiss.

The complaint, in which compensatory and punitive damages as well as injunctive relief are sought, is based upon 42 U.S.C. § 1983, and the doctrine of Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). 1 This court’s pendent jurisdiction is also invoked as to state law claims of assault and battery and various forms of negligence. Plaintiff asserts that the defendants…