govinfo:USCOURTS-nynd-5_25-cv-00956-3

ORDER ON REPORT & RECOMMENDATION: IT IS ORDERED that 1. The Report & Recommendation (Dkt. No. 16) is ACCEPTED as modified; 2.The following § 1983 claims in plaintiffs amended complaint (Dkt. No. 14) survive initial review and require a response: (1) Fourteenth Amendment excessive force claim against Clark; (2) Fourteenth Amendment excessive force claim against Johnston; (3) Fourteenth Amendment excessive force claims against Raymond; (4) Fourteenth Amendment excessive force claim against Kiehle; (5) municipal-liability claims against Cortland County based on (a) excessive force not being reported, (b) officers entering cells and using excessive force, and (c) failing to properly train officers on the use of force; (6) state-law claims against Clark, Johnston, Raymond, and Kiehle for assault and battery; and (7) Fourteenth Amendment claims against Lynch for (a) conditions of confinement; and (b) procedural due process. 3. Plaintiff's remaining claims, including his claims against Helms, are DISMISSED with-out leave to further amend; and 4. Defendants Clark, Johnston, Raymond, Kiehle, Lynch, and Cortland County shall RESPOND to the remaining claims in the amended complaint; and 5. This matter is REFERRED to Judge Katz for an appropriate order related to service on the remaining defendants. Signed by U.S. District Judge Anthony J. Brindisi on 6/22/2026. (Copy served via regular mail)(ztc)

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