Firman v. Abreu

MEMORANDUM OPINION AND ORDER

SPRIZZO, District Judge:

Plaintiff Martin Firman brings this action pursuant to 42 U.S.C. § 1983. Defendants Angel Abreu, a New York state trooper, and Martin Cashin, a New York state sergeant, have moved for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c). Because the parties have each presented evidence outside the pleadings, the motion will be treated as one for summary judgment pursuant to Fed.R.Civ.P. 56. For the reasons that follow, defendants’ motion must be granted in part and denied in part.

FACTS

The following facts are undisputed.

On December 26,…