BYRD v. ABATE

No. 93 Civ. 1489 (RWS).

964 F.Supp. 140 (1997)

William BYRD, Plaintiff, v. Catherine M. ABATE, Commissioner of Correction; "John Doe," Correction Officer, Anna M. Kroll Correctional Facility, and David N. Dinkins, Mayor of the City of New York, Individually and in their official capacities, Defendants.

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

As Amended May 21, 1997.


Attorney(s) appearing for the Case

Anna Stern, New York City, for Plaintiff.

Paul A. Crotty, Corporation Counsel of the City of New York, New York City (Laura Land Sigal, Assistant Corporation Counsel, of counsel), for Defendants.


OPINION

SWEET, District Judge.

Individual defendant, Officer Wade Hults ("Hults") has moved to amend his answer to the second amended complaint in order to assert an affirmative statute of limitations defense. For the reasons set forth below, Hults' motion to amend his answer is denied.

Parties

At the time of the incident which gave rise to this lawsuit, plaintiff William Byrd ("Byrd") was an inmate in housing for the mentally...

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