Ganek v. Leibowitz et al
| David Ganek |
| David Leibowitz, Reed Brodsky, David Makol, Matt Komar, James Hinkle, Holly J. Trask, David Chaves, Patrick Carroll, Rachel Rojas, Diego Rodriguez, Marc P. Berger, Christopher L. Garcia, Richard B. Zabel, Boyd M. Johnson, III and Preetinder S. Bharara |
| 1:2015cv01446 |
| February 26, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H. Pauley |
| Other Civil Rights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
56
MEMORANDUM & ORDER granting in part and denying in part 43 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss is granted in part and denied in part. Specifically, Defendants' motion is granted only with resp ect to Plaintiff's Fifth Amendment claim (Count 1) to the extent it relies on stigma-plus and substantive due process theories of liability, and Plaintiff's Fourth Amendment claim (Count II), to the extent it challenges the "reaso nableness" of the manner in which the search was conducted. All other aspects of Plaintiff's Fifth and Fourth Amendment claims survive. Defendants' motion to dismiss is denied with respect to Plaintiff's claims for failur e to intercede (Count III) and supervisory liability (Count IV). Discovery is now appropriate to ascertain whether this case is about a simple misunderstanding or whether something more troubling was afoot. A status conference is scheduled for Marc h 30, 2016 at 11:00 a.m. in Courtroom 20B. The parties should meet and confer and submit a joint letter by March 25, 2016 outlining their respective positions on how discovery should proceed. The Clerk of Court is directed to terminate the motion pending at ECF No. 43. (As further set forth in this Memorandum & Order.) (Signed by Judge William H. Pauley, III on 3/10/2016) (mro)
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