X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.


http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=48586

Judge Sweet

PLAINTIFF ALLEGED pursuant to 42 USC §1983 that he was physically assaulted by correction officers during his incarceration at Rikers Island. The municipal defendants moved to dismiss plaintiff’s amended complaint on the grounds that defendant New York City Department of Correction is a non-suable entity and that plaintiff did not adequately plead a claim against City of New York under §1983. The court, among other things, dismissed the amended complaint as against defendant City of New York, finding that the amended complaint does not make allegations that would suffice for municipal liability under §1983 and instead only raises claims with regard to the alleged conduct of individual correction officers. The court noted that although plaintiff claimed that the alleged incident is the second incident involving him while he was held on Rikers, these claims are not sufficient to demonstrate a policy or custom, nor do they rise to the level of a practice that constitutes a custom or usage.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.