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Torres v. Santoni

March 25, 2008

JUAN BRUNO TORRES, PLAINTIFF
v.
SERGEANT JOHN SANTONI, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Kosik

MEMORANDUM AND ORDER

This matter is before the court on the defense motion for summary judgment.

By way of background, it should be noted that plaintiff, acting pro se, commenced this action against the defendants for the excessive use of force while placing him on suicide watch, and deliberate indifference to his medical needs.

In their motion for summary judgment, defendants have offered evidence that plaintiff's conduct necessitated force which was necessary and not excessive. Further, that while plaintiff suffered injury requiring medical attention, it was administered promptly and continually for a condition which was not serious.

Plaintiff resists summary judgment. Regrettably, plaintiff's resistence is adequate in form but lacking in substance. Nevertheless, because of pro se status, he responds sufficiently for us to conclude that there appear genuine issues as to material facts. This will necessitate a jury trial.

The defense motion is DENIED.

SO ORDERED.

Edwin M. Kosik United States District Judge

20080325

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