Summary
applying the excessive force analysis to common law assault and battery claims
Summary of this case from Fried v. TetzlaffOpinion
Civ. Action No. 08-1813 (KSH).
December 30, 2010
ORDER
This matter having come before the Court by way of three motions for summary judgment filed by defendants Quaema McElveen ("McElveen") [D.E. 74], Anthony De Prospo ("De Prospo") [D.E. 79], and Luis Torres ("Torres") [D.E. 76]; and the Court having considered the parties' arguments and written submissions; and for the reasons stated in the Court's Opinion filed herewith,
IT IS on this 30th day of December, 2010,
ORDERED that McElveen's motion for summary judgment [D.E. 74] is granted; and it is further ORDERED that the motions for summary judgment by De Prospo [D.E. 79] and Torres [D.E. 76] are denied as to plaintiff William Johnson's claims for excessive force and assault and battery; and it is further
ORDERED that the motions for summary judgment by De Prospo [D.E. 79] and Torres [D.E. 76] are granted as to plaintiff William Johnson's remaining claims.
December 30, 2010