Kennedy v. City of Albany et al
| Tiara Kennedy |
| City of Albany, Paul E. Kirwin and John Doe 1 and 2 |
| 1:2015cv00491 |
| April 24, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Mae A. D'Agostino |
| Christian F. Hummel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
21
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 10 Motion to Dismiss: The Court hereby ORDERS that the Defendants' motion to dismiss pursuant to rule 12(b)(6) of the Federal Rules of Civil Procedure is GRANTED with regard to (1) Plaintiff's section 1983 claims against Defendant Kirwin in his official capacity (2) Plaintiff's section 1983 claims for punitive damages against the City of Albany, and (3) Plaintiff's claims for violations of due process r ights under the Fifth Amendment; and the Court further ORDERS that Defendants' motion to dismiss pursuant to rule 12(b)(6) of the Federal Rule of Civil Procedure is DENIED without prejudice with regard to Plaintiff's state law claims for assault, battery, intentional infliction of emotional distress, and false arrest; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum- Decision and Order on all parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 10/22/15. (ban)
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