Pantoliano v. The City of New York et al
| Katosh Pantoliano |
| The City of New York, Robert Adamo, Virginia Adamo, Daniel M. Donovan, Jr., ADA Mario Mattel, Detectives Gregory McCann, New York City Police Department, ADA Mark Palladino, ADA Wazak, NYPD Detective Visconti and Richmond County District Attorney's Office |
| 1:2011cv03108 |
| June 24, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Sandra L. Townes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER, For the reasons stated herein, pltff's Amendment to Complaint," dated 7/14/11, is deemed to be an amended complaint, which pltff is entitled to file as a matter of right. However, the fact that this amended pleading is accepted for filing does not serve to resurrect pltff's claims against the Prosecutors, the Richmond County District Atty's Office, and the Adamos. Moreover, pltff's claims against Richmond County District Atty Daniel M. Donovan, Jr., is dismissed on the ground that he, like his assistants, enjoys absolute prosecutorial immunity with respect to his actions in prosecuting pltff. This Court's Memorandum and Order dated 7/7/11, is modified solely to the extent of directing the US Marshals Service to serve copies of pltff's "Amendment to Complaint" and this memorandum and order on the City of NY and Detectives McCann and Visconti, along with the pltff's original complaint, the Prior M&O and the summonses issued by the Clerk of Court. Pltff's request, contained in his letter to this Court dated 7/14/11, that this Court "order the MDC...to give [him] access to the Law Library when [he is] in need of legal assistance and materials," is d enied. The Court certifies pursuant to 28 USC sec. (1)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Sandra L. Townes on 7/22/2011) c/m (Galeano, Sonia)
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