RUFFIN v. FULLER

No. 99 Civ. 1679(DC).

125 F.Supp.2d 105 (2000)

Milton RUFFIN, Plaintiff, v. Van FULLER, Defendant.

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

December 28, 2000.


Attorney(s) appearing for the Case

Davis Polk & Wardwell By Jonathan Goldberg, Sudha Setty, Kimo S. Peluso, New York, New York, for Plaintiff.

Eliot Spitzer, Attorney General of the State of New York By S. Kenneth F. Jones, Maria Filipakis, Assistant Attorneys General, New York, New York, for Defendant.


MEMORANDUM DECISION

CHIN, District Judge.

In this prisoner's civil rights case, the jury returned a verdict on September 28, 2000 finding that plaintiff Milton Ruffin had not proven that defendant Van Fuller, a New York State corrections officer, had subjected him to excessive force in violation of his constitutional rights by kicking him in the mouth. For the reasons that follow, I am ordering a new trial sua sponte pursuant to Fed.R.Civ.P...

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