Wieder et al v. The City of New York et al
| Howard L. Wieder and "John Doe #6" |
| The City of New York, New York City Police Department, Jose Ramos, Rosario "Jane", "John Doe #3", "John Doe #4", "John Doe #5", "John Doe #7", "John Doe #8", "John Doe #9", "John Doe #10", Home Depot U.S.A., Inc., John Marrugo, Rosario Berg and Jose Berg |
| 1:2009cv03914 |
| September 10, 2009 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kings |
| Carol B. Amon |
| Viktor V. Pohorelsky |
| None |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
148
DECISION AND ORDER: The Court GRANTS summary judgment to the City Defendants with respect to Plaintiff's federal and state false arrest, malicious prosecution, and failure to intervene claims. Accordingly, those claims are DISMISSED WITH PREJUD ICE. The Court GRANTS summary judgment to the Home Depot Defendants with respect toPlaintiff's federal false arrest and malicious prosecution claims. Accordingly, those claims are DISMISSED WITH PREJUDICE. Because the Berg Defendants did not act "under color of state law," all federal claims against the Berg Defendants are DISMISSED WITH PREJUDICE sua sponte. The Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims against the City Defendants, Home Depot Defendants, and the Bergs. Therefore, Plaintiff's remaining state law claims are DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to enter judgment for the City and Home Depot Defendants, and to close the case. Ordered by Judge William F. Kuntz, II on 4/29/2013. (Fwd'd for judgment) (Brucella, Michelle)
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