District Court, S.D. New York August 4, 1981, 80 Civ. 4350 (KTD) (Whitley v. City of New York)

MEMORANDUM AND ORDER

KEVIN THOMAS DUFFY, District Judge:

Plaintiff brings this civil suit against defendant William Spooner, a police officer, for intentional assault and negligence and against the City of New York [“City”] for negligence and deprivation of civil rights in violation of 42 U.S.C. § 1983. The defendants now move for summary judgment against the plaintiff pursuant to Fed.R. Civ.P.