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Kadeem Arrindel-Martin, Plaintiffv.City of Syracuse; Jason Eiffe, Police Officer, in his individual capacity; Jeffrey Ballagh, Police Officer, in his individual capacity; Edward Falhousi, Police Officer, in his individual capacity; and Kenton Buckner, Police Chief, in his official capacity,1 Defendants

DECISION and ORDER Currently before the Court, in this civil rights action filed by Kadeem Arrindel-Martin (“Plaintiff”) against the City of Syracuse, police officers Jason Eiffe, Jeffrey Ballagh and Edward Falhousi, and Police Chief Kenton Buckner (collectively, “Defendants”), is Defendants’ motion to dismiss Plaintiff’s Fourth Claim against Defendant City of Syracuse and Defendant Buckner for failure to state a claim. (Dkt. No. 6.) For the reasons set forth below, Defendants’ motion is granted.I. RELEVANT BACKGROUNDA. Plaintiff’s ComplaintGenerally, in his Complaint, Plaintiff asserts four claims: (1) a claim that the Officer Defendants violated Plaintiff’s rights under the Fourth Amendment by the use of excessive, unreasonable and potentially deadly force; (2) a claim that the Officer Defendants violated Plaintiff’s rights under the Fourth Amendment by failing to intervene to prevent the use of excessive, unreasonable and potentially deadly force; (3) a claim that the Officer Defendants violated Plaintiff’s rights under the Fourth and Fourteenth Amendments by denying him timely and adequate medical care; and (4) a claim that Defendants City of Syracuse and Buckner are liable for the violations of his rights under the Fourth and Fifteenth Amendments on a theory of municipal liability. (Dkt. No. 1, at

 
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