Santiago v. Fischer et al
| Omar Santiago |
| Brian Fischer, Anthony J. Annucci, Lucien J. Leclaire, Jr., Glenn S. Goord and John/Jane Does 1-50 |
| 1:2009cv01383 |
| April 2, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Dora Lizette Irizarry |
| Robert M. Levy |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
74
ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons discussed in the attached Memorandum and Order, the Court adopts Judge Tiscione's R&R in its entirety and grants in part and denies in part Plaintiff's motion to amend the Complaint . Plaintiff may amend the Complaint to add Tracy as a defendant. The Court grants Plaintiff thirty (30) days to file an amended complaint. If Plaintiff fails to amend the Complaint within thirty (30) days, the Court will dismiss the Complaint with prejudice. Ordered by Judge Margo K. Brodie on 9/29/2017. (McKenzie, Lindsay)
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Filing
34
MEMORANDUM & ORDER granting in part and denying in part 27 Defendants' Motion for Judgment on the Pleadings. For the reasons set forth in the attached Memorandum and Order, the Court grants in part and denies in part Defendants' motion for judgment on the pleadings. Plaintiff's claims for Defendants' imposition and enforcement of his unlawful post-release supervision term that pre-dated the Second Circuit's decision in Earley v. Murray, 451 F.3d 71 (2d Cir. 2 006), are dismissed as Defendants are entitled to qualified immunity as to those claims. The Court denies Defendants' motion as to Plaintiff's claims based on Defendants' post-Earley conduct. Ordered by Judge Margo K. Brodie on 3/21/2016. (Rolle, Drew)
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Filing
14
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' 5 Motion to Dismiss AND LIFTING STAY OF DISCOVERY - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, defendants' motion to dismiss pursuant to Rule 12(b)(1) is GRANTED as to the claims against all defendants in their official capacities, but DENIED as to claims against the defendants in their individual capacities. The 12(b)(6) motion is GRANTED as to plaintiff's state law false arrest claim in its ent irety. The 12(b)(6) motion is also GRANTED as to the §1983 claim with respect to Defendants LeClaire and Goord, who are DISMISSED from this action with prejudice. The 12(b)(6) motion is DENIED, however, with respect to the §1983 claim again st the remaining defendants. The STAY OF DISCOVERY IS HEREBY LIFTED. The parties shall proceed with discovery under the supervision of the Honorable Robert M. Levy, United States Magistrate Judge. SO ORDERED by Judge Dora Lizette Irizarry on 11/18/2009. (Irizarry, Dora)
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