Opinion
No. CV 99 1498 JEW
June 5, 2002
MEMORANDUM AND ORDER
An altercation between plaintiff, then being tried in a state court, and a state court officer gives rise to this suit. Defendants move for summary judgment. It is denied as to defendant, Officer Ottey, because, as his counsel concedes for purposes of this motion, he may have struck the first blow. If plaintiff's version is accepted, he was in custody of Ottey and there was no basis for Ottey's atack, to which he responded in self-defense.
Summary judgment of dismissal is granted as to Officer Rizzi. He came on the scene while the struggle was under way. The evidence of both sides demonstrates that he took appropriate action to quell the disturbance and did not assault plaintiff.
SO ORDERED.