JOHNSON v. DOHERTY

No. 87 Civ. 6575 (RWS).

713 F.Supp. 69 (1989)

Charles JOHNSON, Plaintiff, v. New York City Police Officer Kevin DOHERTY, Shield # 4478, New York Police Officer Thomas Holihan, Shield # 9061, John Does, New York City Police Officers, Defendants.

United States District Court, S.D. New York.

April 14, 1989.


Attorney(s) appearing for the Case

James I. Meyerson, New York City, for plaintiff.

Peter L. Zimroth, Corp. Counsel, New York City, for defendants; John P. Woods, Lisa A. Miller, Asst. Corp. Counsel, of counsel.


OPINION

SWEET, District Judge.

Plaintiff Charles Johnson ("Johnson") sued Police Officer Kevin Doherty ("Doherty") and Police Officer Thomas Holihan ("Holihan") to recover damages for false arrest, malicious prosecution, assault, battery, and injury arising out of an alleged assault. Officers Doherty and Holihan have moved for partial summary judgment dismissing the excessive force and assault and battery claims. For the reasons set forth below, the defendants...

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