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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48300

Magistrate Judge Ellis

INCARCERATED PLAINTIFF filed an action pursuant to 42 USC §1983, alleging that police officers and the Yonkers Police Department violated plaintiff’s rights under the Eighth Amendment and subjected him to cruel and unusual punishment and/or used excessive force when they assaulted him after he complied with their request “to get on the ground” during an arrest. Plaintiff asserted, among other things, that while co-defendants were effectuating his arrest, one officer beat him with a hard object, and another officer simultaneously began kicking him, as a result of which he sustained injuries. A magistrate judge denied plaintiff’s motion for appointment of counsel without prejudice, finding that although plaintiff satisfied the requirement that he made a threshold showing of merit, he failed to state a reason why appointment of counsel would increase the likelihood of a just determination in the action. The court noted that plaintiff did not demonstrate any marked difficulties in presenting his case.

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