Summary
denying qualified immunity at summary judgment where the plaintiff alleged that "in an unprovoked attack, a number of officers assaulted him and cut his forehead with a knife while he was handcuffed"
Summary of this case from Cox v. Vill. of PleasantvilleOpinion
05-CV-451.
September 30, 2008
ORDER
This case was referred to Magistrate Judge Jeremiah J. McCarthy, pursuant to 28 U.S.C. § 636(b)(1), on March 8, 2007. On January 10, 2008, defendants filed a motion for summary judgment. On August 1, 2008, Magistrate Judge McCarthy filed a Report and Recommendation, recommending that defendants' motion for summary judgment be denied.
Plaintiff filed objections to the Report and Recommendation on September 24, 2008.
Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions of the parties, the Court adopts the proposed findings of the Report and Recommendation.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, defendants' motion for summary judgment is denied. The case is referred back to Magistrate Judge McCarthy for assignment of counsel.
SO ORDERED.