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06-1119 - Doumin v. Carey et al


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06-1119 - Doumin v. Carey et al
September 12, 2008
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MEMORANDUM, DECISION AND ORDER denying in part and granting in part 21 Motion for Summary Judgment. ORDERED that the motion for summary judgment by defendants against plaintiff, Nicholai Doumin, on the basis that all claims are barred by the statute of limitations is DENIED; and it is further ORDERED that the motion for summary judgment by defendants, against plaintiff, Nicholai Doumin on his Eighth Amendment claim for deliberate indifference to a serious medical need is GRANTED; and it is further ORDERED that remaining for a trial on the merits are plaintiff, Nicholai Doumin's claims against all defendants for excessive force under the Eighth Amendment, and for intentional infliction of emotional distress and battery under New York common law. Signed by Senior Judge Neal P. McCurn on 9/12/2008. (ptm, )