Reed et al v. Medford Fire Department, Inc. et al

Justia Dockets & Filings Second Circuit New York Eastern District Reed et al v. Medford Fire Department, Inc. et al

Reed et al v. Medford Fire Department, Inc. et al

Case Number:	2:2010cv00737
Filed:	February 19, 2010
Court:	US District Court for the Eastern District of New York
Office:	Central Islip Office
Presiding Judge:	Arthur D. Spatt
Presiding Judge:	A. Kathleen Tomlinson
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 10, 2011	Filing 27 MEMORANDUM OF DECISION AND ORDER - It is hereby: ORDERED, that the Defendants motion for summary judgment dismissing Michael Reeds state law claims for: (1) intentional infliction of emotional distress; (2) negligent infliction of emotional distress; and (3) libel and slander is GRANTED, and it is further ORDERED, the Defendants motion for summary judgment dismissing Lisa Reeds state law claim for loss of consortium is GRANTED, and it is further ORDERED, that the Defendants motion for summary ju dgment dismissing the Section 1983 claims against defendants Franklin Rivera and Henry Pinto and dismissing them from the case is GRANTED, and it is further ORDERED, that the Defendants motion for summary judgment dismissing the Plaintiffs Section 19 83 claims on the grounds that the Medford Defendants: (1) failed to provide notice in compliance with GML § 209-l and the Department by-laws; (2) found the Plaintiff guilty and terminated him in part based on his absence; and (3) terminated him in a decision that was arbitrary, an abuse of discretion, and disproportionate to the alleged misconduct is GRANTED, and it is further ORDERED, that the Defendants motion for summary judgment dismissing Plaintiffs Section 1983 claim against the Medf ord Defendants on the grounds that they terminated the Plaintiff without constitutionally adequate notice of the December 9, 2009 Hearing is DENIED, and it is furthe ORDERED, that the Plaintiffs Section 1983 claims asserting deprivations of his right s under the First Amendment and Eighth Amendment are dismissed, and it is further ORDERED that the parties are directed to appear for a pre-trial conference before this Court on Tuesday, September 13, 2011 at 9:00am, and it is further ORDERED, that the Clerk of the Court is directed to amend the caption for the case as follows: (see Order for further details). Ordered by Senior Judge Arthur D. Spatt on 8/10/2011. (Coleman, Laurie)

Date Filed

Document Text

August 10, 2011

Filing 27 MEMORANDUM OF DECISION AND ORDER - It is hereby: ORDERED, that the Defendants motion for summary judgment dismissing Michael Reeds state law claims for: (1) intentional infliction of emotional distress; (2) negligent infliction of emotional distress; and (3) libel and slander is GRANTED, and it is further ORDERED, the Defendants motion for summary judgment dismissing Lisa Reeds state law claim for loss of consortium is GRANTED, and it is further ORDERED, that the Defendants motion for summary ju dgment dismissing the Section 1983 claims against defendants Franklin Rivera and Henry Pinto and dismissing them from the case is GRANTED, and it is further ORDERED, that the Defendants motion for summary judgment dismissing the Plaintiffs Section 19 83 claims on the grounds that the Medford Defendants: (1) failed to provide notice in compliance with GML § 209-l and the Department by-laws; (2) found the Plaintiff guilty and terminated him in part based on his absence; and (3) terminated him in a decision that was arbitrary, an abuse of discretion, and disproportionate to the alleged misconduct is GRANTED, and it is further ORDERED, that the Defendants motion for summary judgment dismissing Plaintiffs Section 1983 claim against the Medf ord Defendants on the grounds that they terminated the Plaintiff without constitutionally adequate notice of the December 9, 2009 Hearing is DENIED, and it is furthe ORDERED, that the Plaintiffs Section 1983 claims asserting deprivations of his right s under the First Amendment and Eighth Amendment are dismissed, and it is further ORDERED that the parties are directed to appear for a pre-trial conference before this Court on Tuesday, September 13, 2011 at 9:00am, and it is further ORDERED, that the Clerk of the Court is directed to amend the caption for the case as follows: (see Order for further details). Ordered by Senior Judge Arthur D. Spatt on 8/10/2011. (Coleman, Laurie)

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