Whitfield v. City of Newburgh et al
| Susan Whitfield |
| City of Newburgh, SGT. Murphy, Howard Ladlee, John Jenerose, Christopher Flaherty, John Buckley and Robert Vasta |
| 7:2008cv08516 |
| October 6, 2008 |
| US District Court for the Southern District of New York |
| Civil Rights: Other Office |
| Orange |
| Stephen C. Robinson |
| Plaintiff |
| Federal Question |
| 42:1983 Civil Rights Act |
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Filing
88
OPINION and ORDER re: 60 MOTION for Summary Judgment and Judgment on the Pleadings. filed by Howard Ladlee, Christopher Flaherty, John Jenerose, John Buckley, City of Newburgh, Robert Vasta, SGT. Murphy. For the foregoing reas ons, the court hereby (1) GRANTS summary judgment in defendants' favor on plaintiff's claim for municipal liability under Monell v. Department of Social Services of City of New York, 436 U.S. 658 (1978), against the City of Newburgh pursu ant to 42 U.S.C. § 1983; (2) GRANTS summary judgment in defendants' favor on all claims against Officer Flaherty and Officer Jenerose; (3) DENIES defendants' motion for summary judgment on plaintiff's § 1983 excessive forc e and failure to intervene claims against Sergeant Murphy, Officer Ladlee, Officer Buckley, and Officer Vasta; (4) DENIES defendants' motion for summary judgment on plaintiff's supplemental wrongful death claim under New York State law; and (5) DISMISSES Officer Flaherty and Officer Jenerose as defendants in this action. (Signed by Judge Richard K. Eaton on 12/17/2015) (rj).
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