Faltine v. City of New York et al
| Kiama Faltine |
| Police Officer Vargas, Police Officers John Doe 1-3 and City of New York |
| 1:2012cv03487 |
| July 13, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Steven M. Gold |
| Eric N. Vitaliano |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
21
MEMORANDUM AND ORDER. The second proposed amended complaint would fail to state a claim against Menendez under either § 1983 or parallel New York tort law. Accordingly, plaintiff's request for leave to amend his complaint is denied on grounds of futility. See Faster v. Humane Society of Rochester and Monroe County, Inc., 724 F.Supp.2d 382, 397 (W.D.N.Y. 2010). It is, of course, without prejudice to the assertion of any other state law claims he may have against Menendez and/or the City of New York in a state court of appropriate jurisdiction. Ordered by Judge Eric N. Vitaliano on 3/19/2013. (Siegfried, Evan)
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Filing
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MEMORANDUM AND ORDER. Plaintiff's motion to amend his complaint is deniedon the grounds of futility. Ordered by Judge Eric N. Vitaliano on 2/26/2013. (Siegfried, Evan)
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