MEMORANDUM OPINION AND ORDER
ZAGEL, District Judge.
This is a lawsuit over excessive force which Cole alleges that Pence, a deputy sheriff, used against him at the county lockup in Markham. Cole had been arrested by Riverdale police for domestic battery and brought to the lockup. Cole said in his complaint that Pence "after observing that [Cole] had been arrested for a domestic disturbance ... asked [Cole] if he wanted to be another O.J. Simpson....
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