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Maples v. Ottey

United States District Court, E.D. New York
Jun 5, 2002
No. CV 99 1498 JEW (E.D.N.Y. Jun. 5, 2002)

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.


Summaries of

Maples v. Ottey

United States District Court, E.D. New York
Jun 5, 2002
No. CV 99 1498 JEW (E.D.N.Y. Jun. 5, 2002)
Case details for

Maples v. Ottey

Case Details

Full title:HARRY MAPLES Plaintiff, v. NEW YORK STATE COURT OFFICER MELVIN OTTEY…

Court:United States District Court, E.D. New York

Date published: Jun 5, 2002

Citations

No. CV 99 1498 JEW (E.D.N.Y. Jun. 5, 2002)