Heller v. Bedford Central School District et al
| Adam Heller |
| Bedford Central School District, Jere Hochman, Town of Pound Ridge, David Ryan, Westchester Medical Center, Susan Kemker, M.D. and Alexander Lerman, M.D. |
| 7:2015cv00705 |
| January 30, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Kenneth M. Karas |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
47
OPINION & ORDER re: 35 MOTION to Dismiss . filed by Town of Pound Ridge, David Ryan, 32 MOTION to Dismiss . filed by Bedford Central School District, Jere Hochman. For the reasons set forth above, defendants' mo tions to dismiss are GRANTED. Because plaintiff has not sought leave to amend his complaint, and any amendment would nonetheless be futile, the District, Dr. Hochman, Chief Ryan, and the Town are dismissed from this action with prejudice. See Doughe rty v. Town of N. Hempstead Bd. of Zoning Appeals, 282 F.3d 83, 87-88 (2d Cir. 2002). Because there would be no basis to conclude that plaintiff's Second Amendment, Fourth Amendment, and substantive due process conspiracy claims should be treat ed any differently as to the defendants who did not move to dismiss the complaint, the Court hereby dismisses those claims against those defendants without prejudice. As a result of the Court's rulings, the only claims remaining in this action are the procedural due process and malpractice claims against WMC (counts five, six, and seven), and the malpractice claim against Dr. Kemker (count six). As to the parties that remain in this action (i.e. plaintiff, WMC, and Dr. Kemker), the Court will set an Initial Pretrial Conference ("IPTC") in a separate Order. The Clerk of Court is directed to close the motions at ECF Nos. 32 and 35. (As further set forth in this Order), David Ryan, Town of Pound Ridge, Bedford Central School District and Jere Hochman terminated. (Signed by Judge Katherine B. Forrest on 11/17/2015) (lmb)
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