Anthony v. The City of New York et al
| Brian Anthony |
| John Doe 1, John Doe 2, John Doe 3, The City of New York and The New York City Police Department |
| 1:2012cv04662 |
| September 18, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Frederic Block |
| Steven M. Gold |
| Assault Libel & Slander |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
53
MEMORANDUM & ORDER: The Court denies Defendant's summary judgment 44 motion as to Anthonys claims for (1) false arrest, (2) delay and denial of medical treatment, and (3) IIED. The Court denies qualified immunity for Busby, Aaronson, and Herna ndez. The Court grants summary judgment as to Anthonys claims for (1) conspiracy, (2) municipal liability under Monell and respondeat superior, (3) negligence, (4) NIED, and (5) municipal negligence. The Clerk is directed to dismiss those claims with prejudice. Finally, the NYPD is dismissed from this lawsuit. See Jenkins v. City of New York, 478 F.3d 76, 93 (2d Cir. 2007) ([T]he NYPD is a non-suable agency of the City.). Ordered by Judge Frederic Block on 6/18/2015. (Innelli, Michael) Modified on 6/18/2015 (Innelli, Michael).
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