Plaintiff alleges he was assaulted at Brigantine City Hall and was denied medical treatment by the “police, Brigantine Fire Department, and EMTs” on November 10, 2020. (ECF No. 1 at 3).
More specifically, Plaintiff alleges he was “slammed against a file cabinet,” his “kidneys were pushed against [sic] cabinet and [his] wrist was twisted and [he] was denied medical attention by” Defendants Sargent Richard DeLeon, Sargent Michael Finan, and Captain William Hoffman. (Compl., ECF No. 1 at 3).
He further alleges DeLeon, Finan, Hoffman, and Lieutenant Steven Ward, wrote “falsified police reports, claims, [and] charges.” (Compl., ECF No. 1 at 3).
Regarding his injuries from this alleged incident, Plaintiff alleges his “kidneys started to shut down” and that he is “now on dialysis three times a week.” (Compl., ECF No. 1 at 4). Additionally, Plaintiff alleges he was in an arm sling for eight weeks because of his wrist injury, that he has a hard time walking and shifting positions in bed, and that he is now afraid of the police, fire department, and EMTs. (Compl., ECF No. 1 at 4).
On review of Plaintiff’s Complaint, the Court finds that Plaintiff can proceed on his claim of excessive force against DeLeon, Finan, and Hoffman only. All other claims, against all other Defendants, are dismissed without prejudice for failure to state a claim.
Lomanto v. Sera, Civil Action 1:22-cv-6609, 2-3 (D.N.J. Feb. 7, 2023)
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