No. 24-5636

Robert Moco v. J. M. Janik, et al.

Lower Court: Second Circuit
Docketed: 2024-09-25
Status: Denied
Type: IFP
IFP
Tags: civil-rights constitutional-violation deliberate-indifference excessive-force law-enforcement medical-care
Key Terms:
SocialSecurity JusticiabilityDoctri
Latest Conference: 2024-11-22
Question Presented (AI Summary)

Whether law enforcement officers can be held liable for deliberate indifference to a plaintiff's medical needs after using excessive force during an arrest

Question Presented (OCR Extract)

No question identified. : Official and unofficial reports of opinions and order entered in the cases Defendants also assert that they did not know plaintiff had been injured, and therefore he connot establish the subjective prong of a denial of medical care claim. The Court reject this argument. After using force on Plaintiff twice, force that was extreme enough to break Plaintiff's rib, it is unlikely that Defendants did not know Plaintiff suffered adverse consequenses without him specifically complaining. Plaintiffs assertions that Defendants took him elsewhere and beat him instead of taking him to get medical treatment after the assaults sufficiently allege Defendants’ deliberate indifference to his health. For all of these reasons, Plaintiff has stated denial of medical care claims and therefore Defendants' motion in this regard is DENIED. ; Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART. Specifically, Plaintiff's excessive force and denial of medical care claims related to Defendants applying tight handcuffs on January 27, 2016 is DISMISSED. For claims will proceed to discovery: rwo for excessive force during the alleged assaults on January 27 and January 29 or 30, 2016 and two for denial of medical care after both incidents. By separate order, the Court will refer this case to a United States Magistrate Judge for pretrial proceedings. IT IS SO ORDERED. Dated: August 8, 2019.! Rochester, New York. “

Docket Entries

2024-11-25
Petition DENIED.
2024-11-07
DISTRIBUTED for Conference of 11/22/2024.
2024-03-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 25, 2024)

Attorneys

Robert Moco
Robert Moco — Petitioner