Telian v. Town of Delhi et al
| Ernie Telian |
| Town of Delhi, Peter Bracci, John Mathiesen, Sherri Telian, John Doe No. 1, John Doe No. 2, John Doe No. 3, John Doe No. 5 and John Doe No. 4 |
| 3:2014cv00945 |
| July 29, 2014 |
| US District Court for the Northern District of New York |
| Binghamton Office |
| Delaware |
| David E. Peebles |
| Thomas J. McAvoy |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
53
DECISION and ORDER. The 41 Motion to Dismiss of defendant Sherri Telian is DENIED; and defendants Bracci, Mathiesen and Town of Delhi 42 Motion to Dismiss is GRANTED in part and DENIED in part: The motion is GRANTED with prejudice with respe ct to plaintiff's malicious prosecution and due process claims against the moving defendants; and the motion is GRANTED with prejudice with respect to plaintiff's claims for punitive damages against defendant Town of Delhi. The motion is DENIED in all other respects. Signed by Senior Judge Thomas J. McAvoy on 5/13/2015. (lah)
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Filing
31
DECISION AND ORDER granting Deft Sherri Telian's 8 Motion without prejudice to Pltf filing an amended complaint; and granting Defts Bracci, Mathiesen, Town of Delhi's 22 Motion with prejudice with respect to Pltf's official-capa city claims against Deft Bracci and Mathiesen, with respect to any procedural due process claims raised by Pltf, and with respect to any state-law intentional infliction of emotional distress claims allegedly brought by Pltf; and the motion is granted without predudice to Pltf filing an amended complaint with respect to the Pltf's remaining constitutional claims. Pltf may file an Amended Complaint by 2/8/15. Signed by Senior Judge Thomas J. McAvoy on 1/9/15. (sfp, )
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