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16-1569 - Lee v. Tucker et al


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16-1569 - Lee v. Tucker et al
July 3, 2017
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MEMORANDUM OPINION AND ORDER by Magistrate Judge Nina Y. Wang on 7/3/2017. Defendants' Motion for Summary Judgment 16 is GRANTED IN PART and DENIED IN PART; Summary Judgment is GRANTED in favor of Defendants and against Plaintiff as to Plaintiff's retaliatory arrest in violation of the First Amendment claim (Claim I), and Claim I is DISMISSED with prejudice; Summary Judgment is GRANTED IN PART in favor of Defendants and against Plaintiff as to Plaintiff's excessive force in violation of the Fourth Amendment claim (Claim II) only to the extent it alleges a Fourth Amendment violation based on handcuffing; Summary Judgment is DENIED IN PART and Claim II REMAINS as to the excessive force claim against Defendants Tucker, OHarold, and Weiss and the failure to intervene as to Defendant Walker. In accordance with this Memorandum Opinion and Order, a Final Pretrial Conference is SET for 7/21/2017 03:00 PM in Courtroom C204 before Magistrate Judge Nina Y. Wang. The Proposed Pretrial Order is due by 7/14/2017. (nywlc2, )