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05-1608 - Salaman v. DeJesus et al


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05-1608 - Salaman v. DeJesus et al
January 15, 2008
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PRISCS - RULING on Motion to Dismiss 20 is granted as to all claims pursuant to the Eighth and Ninth Amendments, the state law claims of assault and battery, and the Fourth Amendment claim against him in his official capacity. The Motion is denied as to the Fourth Amendment claims and state law claims of assault and battery against Comesanas in his individual capacity. The Fourteenth Amendment claim against defendant Comesanas is dismissed pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). Thus, the Fourth Amendment claims, state law claims of assault and battery, and claims of violations of Connecticut General Statutes 53-37b and 53a-59(a)(4)(which are criminal statutes not addressed in the briefing), remain pending against Comesanas. Signed by Judge Janet Bond Arterton on 1/14/08. (Jaiman, R.)