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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.

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