BENJAMIN v. SCHWARTZ

No. 03 CIV. 0825(CM).

299 F.Supp.2d 196 (2004)

David BENJAMIN, Plaintiff, v. Stephen SCHWARTZ, M.D., et al., Defendants.

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

January 8, 2004.


Attorney(s) appearing for the Case

David Benjamin, pro se, Stormville, NY, for Plaintiff.

Susan H. Odessky, Office of the Attorney General, Assistant Attorney General, New York, NY, for Defendants.


MEMORANDUM DECISION GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS

MCMAHON, District Judge.

Plaintiff, a prisoner at Green Haven Correctional Facility (who happens to be a gynecologist by profession), suffered an injury to his right shoulder in an altercation with a corrections officer on March 24, 1999. Following the injury he could not raise or stretch his right arm. On September 20, 1999, an MRI of the right shoulder revealed a tom long...

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