Legal Opinion

Messina v. Mazzeo

District Court, E.D. New York

Decided May 24, 1994No. 1:93-cv-02931PublishedCited by 53 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

GLASSER, District Judge:

This is a motion to dismiss plaintiffs civil rights complaint and pendent state law claims stemming from the treatment he received during his arrest and pretrial detention. In the alternative, defendants move for partial summary judgment. 1 For the following reasons, defendants’ motion is granted in part and denied in part.

FACTS

Although several facts are conceded, many are in dispute. To the extent that defendants have moved for dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6), plaintiffs allegations will be accepted as true. For the…

2Cases cited79 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  5. Graham v. ConnorSupreme Court of the United States · 1989

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3Cited by53 opinions

  1. Biswas v. City of New YorkDistrict Court, S.D. New York · 2013
  2. Alvarado v. Westchester CountyDistrict Court, S.D. New York · 2014
  3. Allen v. City of New YorkDistrict Court, S.D. New York · 2007
  4. Folk v. City of New YorkDistrict Court, E.D. New York · 2017
  5. Landy v. IrizarryDistrict Court, S.D. New York · 1995

48 more not listed; retrieve them via the Exa API.

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