Jones v. Westchester County et al
| Andre Jones |
| Westchester County and John Doe |
| 1:2014cv09803 |
| December 8, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
84
OPINION AND ORDER: For the foregoing reasons, Defendants Motion To Dismiss is granted. Plaintiffs Second Amended Complaint is dismissed. Dismissal is necessarily with prejudice because three-year statute of limitations on Plaintiff's claims ex pired in May 2017, see Zapata, 502 F.3d at 194 n.3 ("In section 1983 actions within New York, the applicable limitations period is... three years."(citation and internal alterations omitted)), and any amendment to the Second Amended Compl aint would, therefore, be "futile," Terry v. Inc. Vill. of Patchogue, 826 F.3d 631, 633 (2d Cir. 2016); see also Brunson-Bedi, 2018 WL 2084171, at *2 ("Amendment is... futile if a plaintiff's claims should be dismissed for imprope r service which cannot be cured by further amendment of a complaint." (internal alterations, quotation marks, and citation omitted)); see also Nat'l Union, 1994 WL 463009, at *7 (dismissing case pursuant to Rule 4(m) even though it would be time-barred if re-filed). The Clerk of Court is respectfully requested to close this case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 12/21/2018) (jca) Modified on 12/21/2018 (jca).
|
|
Filing
38
OPINION & ORDER re: 30 MOTION to Dismiss , filed by Westchester County, Karl Best, Bruce Allen, Sgt. Andrews, Emergency Response Team. The Court denies Defendants' Motion insofar as it seeks dismissal pursuant to Rules 4, 8 , and 41, and denies the Motion with respect to Plaintiff's excessive force claim against Best, Allen, and Andrews in their individual capacities. The Motion is granted insofar as Plaintiff's remaining claims are dismissed for failure to state a claim. However, in light of Plaintiff's pro se status, and because this is the first adjudication of his claims on the merits, Plaintiff's remaining claims are dismissed without prejudice. If Plaintiff wishes to file a Third Amen ded Complaint addressing the deficiencies in his deliberate indifference claims or his Monell claim, Plaintiff must file a Third Amended Complaint within 30 days of the date of this Order. The Court will issue an Order of Service detailing what Pla intiff must do to effect service on Defendants. Failure to fulfill his obligations as stated in the Order of Service may result in dismissal of the Action for failure to prosecute. The Clerk of Court is respectfully requested to terminate the pending Motion. (Dkt. No. 30.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/30/16) (yv)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
