DECISION AND ORDER
DAVID G. LARIMER, United States District Judge.
Plaintiff Phillip Taylor (“plaintiff”) brings this action against the City of Rochester,[458 F.Supp.3d 138]the Rochester Police Department, and two officers who placed him under arrest on June 1, 2015: named defendant Officer Daniel Rizzo (“Rizzo”), and Officer Spenser McAvoy (“McAvoy”), who was originally described in the complaint as a “John Doe” police officer, but has been identified by defendants as the second arresting officer. Plaintiff alleges that the defendants subjected him to excessive force in violation of the United States Constitution and New York State Constitution, assault, battery, and intentional infliction of emotional distress, and seeks compensatory and punitive damages. (Dkt. #1-2).
Defendants now move for summary judgment dismissing the complaint (Dkt. #15), and plaintiff has cross moved (Dkt. #19) to stay consideration of the motion for summary judgment, and to compel additional discovery. For the reasons that follow, plaintiff’s motion to stay and for additional discovery is denied, and defendants’ motion for summary judgment is granted in part, and denied in part.