Johnson v. City Of New York et al
Filing 82
ORDER: The motion to amend the JPTO to change the theory of liability against Roberto Gutierrez is denied. A direct excessive force claim is different from a supervisory liability claim. Today is the last business day before trial; it is too late to change the theory of liability. This defendant will be prejudiced by a change of theory at the eleventh hour. Accordingly, the theory may not be changed at this late date. (Signed by Judge Loretta A. Preska on 1/24/2020) (ks)
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