UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ARFHY SANTOS,

Plaintiff, ORDER

-against- 21-CV-08009 (PMH) UNITED STATE OF AMERICA, et al.,

Defendants.

PHILIP M. HALPERN, United States District Judge: Pre-motion conference held on 11/21/22. Counsel for all parties appeared. As discussed on the record, the Court heard argument on Defendant Sheehan’s contemplated motion to dismiss Plaintiff’s first claim for relief, raised under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics,

(1971) for Fourth Amendment excessive force. The Court construed Defendant Sheehan’s pre-motion letter (Doc. 77) as his motion to dismiss, and considering the parties’ arguments thereto, dismissed the motion for the reasons stated on the record. (See Transcript). The Court noted that Plaintiff’s claim does not present a new Bivens context and that the Supreme Court’s decision in Egbert v. Boule,

(2022) does not lead to a different outcome. See Campbell v. City of Yonkers, No. 19-CV-02117,

, at *8 (S.D.N.Y. Sept. 16, 2020); see also Lehal v. Cent. Falls Det. Facility Corp., No. 13-CV-03923,

(S.D.N.Y. Mar. 15, 2019).

SO ORDERED: Dated: White Plains, New York November 22, 2022

PHILIP M. HALPERN United States District Judge