Oudekerk v. Wanninger et al.

Summary

The United States District Court for the Northern District of New York adopted a magistrate judge's Report and Recommendation in a 42 U.S.C. § 1983 action involving alleged Eighth Amendment excessive force by correctional officers. The court denied the plaintiff's motion for summary judgment because genuine issues of fact remained.

Holdings

1. The court accepted and adopted the report and recommendation after reviewing it for clear error.
2. Plaintiff's motion for summary judgment was denied because issues of fact existed.

Questions Presented

1. Whether the magistrate judge's recommendation to deny plaintiff's motion for summary judgment should be accepted after clear-error review.
2. Whether summary judgment was appropriate where the record presented issues of fact concerning plaintiff's Eighth Amendment excessive-force claims.

Disposition

other