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Perez v. Stanley

2017 Excess Force, Medical Indifference Claims Barred by 2018 Release's Clear Terms

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MEMORANDUM OPINION AND ORDER The pro se plaintiff, Felipe Perez, brings this action against the defendants, employees of the City of the New York. The plaintiff alleges that the defendants violated his constitutional rights approximately ten times while he was incarcerated on Rikers Island and at the Manhattan Detention Complex. Several defendants move for summary judgment arguing that the plaintiff signed a general release of liability that bars him from pursuing his claims.¹ Two defendants filed a separate motion for summary judgment.² However, all the defendants make the same arguments in their motions. For the reasons explained below, the defendants’ motions for summary judgment are granted. I. The following facts are undisputed unless otherwise noted. The plaintiff is an inmate who was incarcerated on Rikers Island and at the Manhattan Detention Complex at all relevant times. Nunez-Figueroa Decl. Ex. A at 7-19. On February 7, 2017 and February 15, 2017, the plaintiff filed personal injury claims with the City of New York Office of the Comptroller. City Defs.’ 56.1 2. The plaintiff claimed that on November 29, 2016 he was assaulted by an officer and suffered a fractured hand. Id.; Castro Decl. Ex. B. On February 20, 2018, the parties settled the plaintiff’s claims stemming from the November 29, 2016 incident. City Defs.’ 56.1

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