MOSCOSO v. CITY OF NEW YORK

No. 99 CIV. 1098(JSR).

92 F.Supp.2d 310 (2000)

Robert MOSCOSO, Plaintiff, v. THE CITY OF NEW YORK, the Commissioner of the New York City Police Department, Police Officer Christopher Callahan, Shield # 1533 and Unidentified Police Officers, Defendants.

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

April 13, 2000.


Attorney(s) appearing for the Case

Thomas Sheehan, of Cheda & Sheehan, Jackson Heiguts, NY, for plaintiff.

John Queenan, Asst. Corporation Counsel, New York City, for defendants.


MEMORANDUM ORDER

RAKOFF, District Judge.

When one person badly beats another, leaving him bloody and battered, may the assaulter escape arrest by simply asserting, without corroboration, that he was acting in self-defense? Common sense suggests otherwise, and the law, as this case illustrates, follows the suggestion.

The facts pertinent to defendants' instant summary judgment motion, undisputed except as otherwise indicated, are as follows...

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