Mckenzie v. City Of New York

District Court, S.D. New York

Mckenzie v. City Of New York

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CECIL MCKENZIE, Plaintiff, 18 CIVIL 6913 (VEC) -against- JUDGMENT THE CITY OF NEW YORK, MARQUIS CROSS, JOSE CALLE-PALOMEQUE, AND ROBERT ZEVON, Defendants.

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated July 2, 2021, the R&R is adopted in full, Defendants’ motion for summary judgment is granted, and this case is DISMISSED. Judge Gorenstein applied the correct legal standard. He rightly recognized that as a pro se party, McKenzie's filings should be construed "liberally to raise the strongest arguments that they suggest." R&R, Dkt. 94 at 7 (citing Willey v. Kirkpatrick,

801 F.3d 51, 62

(2d Cir. 2015)); see also Triestman v. Fed. Bureau of Prisons,

470 F.3d 471, 475

(2d Cir. 2006) (collecting cases finding that pro se parties must be accorded a "special solicitude"). Applying this standard, Judge Gorenstein was correct to construe McKenzie's claims as ones brought pursuant to

42 U.S.C. § 1983

, for violations of his constitutional rights to be free from excessive force and malicious prosecution; accordingly, the case is closed. Dated: New York, New York July 6, 2021 RUBY J. KRAJICK Clerk of Court BY: aK Margo Deputy Clerk

Reference

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