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DOE v. MORGENTHAU

November 8, 1994

JOHN DOE, held as HAROLD ADAMS, Plaintiff,
v.
ROBERT MORGENTHAU, et al., Defendants.



The opinion of the court was delivered by: VINCENT L. BRODERICK

 VINCENT L. BRODERICK, U.S.D.J.

 I

 This case was brought by a prisoner alleging that thirty-two city and state officers, in their individual and official capacities, violated a variety of plaintiff's civil, statutory and constitutional rights in connection with his arrest on December 11, 1985 and subsequent detention. The complaint sought compensatory and punitive damages, injunctive and declaratory relief.

 By orders which adopted the Reports and Recommendations of United States Magistrate Judge Naomi Reice Buchwald dated June 27, 1990, January 9, 1991, May 5, 1992 and March 24, 1994, I dismissed all claims except those related to plaintiff's allegation that he was denied prompt medical treatment immediately after his arrest. *fn1"

 Plaintiff has moved for reconsideration of the dismissed claims. I adhere to the orders of dismissal: only the claim of denial of access to the courts of New York concerning plaintiff's extradition to Massachusetts merits further discussion. See Doe v. Morgenthau, 1994 WL 62140, 1994 US Dist LEXIS 1911 (SDNY Feb 15, 1994).

 As to the delayed medical treatment claim, I direct the parties to make further submissions as outlined below. *fn2"

 II

 Following the indictment of October 17, 1984, plaintiff, who had been released on bail, caused an imposter take his place at all scheduled court appearances. Upon discovering this fraud, the state moved to rearrest the plaintiff. On December 11, 1985, when detectives arrived at plaintiff's apartment, plaintiff kicked an air conditioning unit out of a window and, in an attempt to escape, suffered a fracture of the fourth metatarsal bone in his right foot. There is no evidence that the officers inflicted plaintiff's injury. Following his arrest, plaintiff refused to identify himself to police by any name other than John Doe, a position continued as reflected in the caption of this lawsuit. Fingerprint records revealed his identity as Harold Jones, also known as Harold Adams.

 Medical treatment for the plaintiff was not provided until plaintiff's arraignment on December 12. Plaintiff was given medical treatment on December 12 at Rikers Island Health Services, and on December 13 at Bellevue Hospital, and was given further treatment on December 25, 1985; February 9, 1986; February 11, 1986; February 17, 1986; February 19, 1986; and February 21, 1986. From February 27, 1986 through March 6, 1987, plaintiff was seen at the Rikers Island Medical Clinic more than two hundred times, almost exclusively for the treatment of his foot.

 While the New York charges were pending against the plaintiff, the Manhattan District Attorney received information that plaintiff was a convicted murderer in Massachusetts wanted for escape. In February 1986 Massachusetts officials sought plaintiff's extradition. In May 1987 plaintiff was extradited to Massachusetts to serve the remainder of his life sentence. As a result of the extradition, New York charges against him were dismissed.

 III

 Plaintiff alleges he was denied a constitutional right to challenge the extradition in the courts of New York because he was sent to the receiving state and lost the ...


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