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SANABRIA v. VILLAGE OF MONTICELLO

December 23, 1976.

Benjamin SANABRIA, Plaintiff,
v.
The VILLAGE OF MONTICELLO, a Municipal Subdivision of the State of New York, et al., Defendants.



The opinion of the court was delivered by: CANNELLA

OPINION AND ORDER

CANNELLA, District Judge:

 Plaintiff's motion to file a second amended complaint, and the motions to dismiss interposed by defendants Community General Hospital, Isidore Greenberg and Young Chul Ko are granted. The motions to dismiss the complaint made by Harry Lawrence, John McCormick, Bernard Blackman, Louis Gonzalez, Walter Ramsey and Edward McManus are denied.

 The within action was commenced on March 4, 1975 against the Village of Monticello ("Village") and its employees, officers and police officers, Community General Hospital, Young Chul Ko and Isidore S. Greenberg. Plaintiff's complaint makes the following factual allegations:

 1. Plaintiff, while intoxicated, was involved in an automobile accident in Monticello, New York at approximately 12:00 midnight on October 21, 1974.

 2. As a result of his intoxication, the plaintiff was unable to care for himself.

 3. After the accident, he was arrested by police officers employed by the Village of Monticello and taken into their custody.

 4. During the accident, plaintiff suffered certain injuries, including a broken neck. Defendant police officers knew that plaintiff had suffered a broken neck.

 5. Plaintiff was taken to Community General Hospital, where he was refused treatment and returned to the Monticello jail.

 6. He was confined at the jail from 12:40 a.m. until 9:15 a.m. on October 22, 1974 without medical aid or assistance, although his need for such attention and the substantial nature of his injuries were obvious and known to defendant police officers.

 7. During this time, plaintiff was physically abused by defendant police officers, seriously and irreversibly aggravating his injuries.

 8. As a result of the injuries intentionally caused by defendants' physical abuse, and by the failure to diagnose and promptly treat plaintiff's pre-existing injuries, plaintiff became paralyzed and suffered other serious injuries.

 Federal jurisdiction was asserted on the basis of the Civil Rights Act, specifically 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3); diversity of citizenship; *fn1" and, with respect to defendant Village, the doctrine of pendent jurisdiction. Thereafter, "The Village of Monticello and its police officers" moved to dismiss the complaint based upon the Court's lack of jurisdiction over the subject matter. In its decision of March 3, 1976, this Court concluded that the complaint alleged a valid cause of action under Section 1983 against the defendant police officers, and that the Village of Monticello was subject to jurisdiction as a "pendent party." *fn2" Sanabria v. The Village of Monticello, 75 Civ. 1070 (S.D.N.Y. March 3, 1976) (Cannella, J.).

 Plaintiff subsequently moved for and was granted leave to amend the complaint to name individually the police officers of the Village of Monticello alleged to have participated in the events giving rise to plaintiff's injuries. ...


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