DECISION AND ORDER I. INTRODUCTION Pro se plaintiff Eric Lynch (“Plaintiff”) brought this action against the City of Little Falls, as well as state troopers Timothy Blaise, Nathan Pearson, Ted Fournier, Edward Jones and Chad Salls, and police officer Skibinski, stemming from circumstances surrounding Plaintiff’s arrest on March 9, 2017. Dkt. No. 2 (“Complaint”). The action was initially brought in New York State Supreme Court, Herkimer County, but removed to this Court on June 6, 2020. Dkt. No. 1. Now before the Court is a motion for summary judgment, Dkt. No. 38 (“Motion”), filed by the City of Little Falls and Officer Skibinski (“City Defendants”). Plaintiff missed the deadline to file his response and on July 21, 2021 was warned that City Defendants’ Motion would be deemed unopposed unless Plaintiff notified the Court of his intention to file a response by August 20, 2021. Dkt. No. 41. Plaintiff subsequently filed several letter requests, see Dkt. Nos. 42, 45, 49, 53, but failed to address City Defendants’ Motion. On October 18, 2021, Plaintiff finally filed a response. Dkt. No. 55 (“Response”). The Court chose to reserve judgement on whether City Defendants’ Motion would be deemed unopposed, Dkt. No. 57, and City Defendants filed a reply, Dkt. No. 58 (“Reply”). The Court now elects to consider Plaintiff’s Response. However, for the following reasons, City Defendants’ Motion is granted in full. II. BACKGROUND The following facts are taken largely from City Defendants’ statement of material facts, Dkt. No. 38-10 (“Defendants’ Statement of Material Facts”). Plaintiff has not filed a response to City Defendants’ statement as required under L.R. 56.1 nor filed his own such statement, see generally Resp., and has not disputed City Defendants’ statement except where otherwise noted. On March 9, 2017, a 911 call led members of the New York State Police to be dispatched to 16 Bridge Street, Middleville, New York. Id. 1. New York State Police were the first law enforcement to arrive on the scene. Id. 3. Plaintiff was taken into custody at the scene by members of the New York State Police. Id. 5. After surrendering to New York State Police, Plaintiff alleges that he was attacked by Trooper Fournier who kicked him, stepped on him, and otherwise assaulted him. Compl. at 21-28. Plaintiff also alleges that the other officers present failed to intervene, and that he was denied medical attention for several hours after his arrest. Id. at 29-30. Neither Skibinski nor any other employee of the City of Little Falls participated in Plaintiff’s arrest or used force against him. Def.s’ SMF
6-19. City Defendants state that Skibinski was not present at the scene on March 9, 2017, nor did he see, hear, or interact with Plaintiff or have knowledge of, or act with indifference to, any medical needs of Plaintiff. Id.
