Judge Alison Nathan
Alvarez, a pretrial detainee, was taken to the Bronx Hall of Justice on Nov. 1, 2011, for a court appearance. Purportedly following a command by Captain Spears to “get” him, three unidentified correction officers allegedly assaulted Alvarez. Despite complaints of arm and hip pain, Spears allegedly refused Alvarez’s request for medical attention. It was not until returning to Riker’s Island that Alvarez told a doctor there that he believed his shoulder was dislocated, that he suffered a broken lip, and that he had been cut on his hip. District court dismissed Alvarez’s 42 USC §1983 claims against New York City. Alleging only isolated acts by Spears and the three correction officers, Alvarez made no claim that his rights were violated pursuant to a policy or custom of the city or its agents. Also, because he failed to exhaust administrative remedies as required by the Prison Litigation Reform Act, the court dismissed Alvarez’s claim that Spears denied him medical care. All other motions for summary judgment by the defendants were denied. Alvarez’s allegations were sufficient to state a §1983 excessive force claim against Spears, and successfully alleged that Spears directly participated in subjecting him to a malicious use of force.
