Paige-Bey v. City of New York et al
Zaire Paige-Bey |
Darren Albanese, Michael Bloomberg, City of New York, District Attorney Charles J. Hynes, Raymond Kelly, Officer Rashan LaCoste and Police Officer David Lawrence |
1:2013cv07300 |
December 30, 2013 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Sandra L. Townes |
Ramon E. Reyes |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
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Filing 87 ORDER granting in part and denying in part defendants' third motion for summary judgment. Defendants motion for summary judgment with respect to the malicious prosecution claim against Lawrence is granted. Defendants motion for summary judgment with respect to the malicious prosecution claim against LaCoste is denied. This action is recommitted to Magistrate Judge Cho for all remaining pre-trial matters, including settlement discussions if appropriate. The Clerk of Court is respectfully di rected to mail a copy of this Memorandum and Order to Plaintiff at Shawangunk Correctional Facility, P.O. Box 750, Wallkill, New York 12589-0750, where he is currently incarcerated, and to update the docket sheet to reflect this new address. Ordered by Judge Roslynn R. Mauskopf on 9/30/2022. (Caspari, Alexander) |
Filing 77 MEMORANDUM AND ORDER: For the reasons set forth above, defendant Officer Rashan LaCoste's motion for summary judgment is denied with leave to renew. Defendant shall serve his motion for summary judgment, including a proper Rule 56.1 Statement a nd the notice required by Local Civil Rule 56.2, on plaintiff within 30 days of the date of this Memorandum and Order. Plaintiff shall have 30 days from his receipt of defendants motion in which to mail a response to the New York City Department of Law. Defendant shall have 15 days from his receipt of plaintiffs response in which to serve a reply on plaintiff, to electronically file a copy of the fully briefed motion with the Court, and to mail courtesy a courtesy copy of all motion papers to chambers. The Clerk of Court is respectfully requested to mail a copy of this Memorandum and Order to the pro se plaintiff. Ordered by Chief Judge Roslynn R. Mauskopf on 03/31/2020. (Taronji, Robert) |
Filing 32 MEMORANDUM AND ORDER granting in part and denying in part Defendants' 27 Motion to Dismiss. All Plaintiff's claims except his malicious prosecution claims against Lawrence and Lacoste are hereby DISMISSED. Plaintiff's claims aris ing from his arrest and incarceration are untimely, his claims against Hynes and Albanese are barred by prosecutorial immunity, and his allegations as to the City, Hynes, Kelly, and Bloomberg are also too conclusory to state a claim. The malicious prosecution claims against Lawrence and Lacoste will proceed before Magistrate Judge Reyes for discovery as needed. Ordered by Judge Sandra L. Townes on 12/7/2016. C/M (Barrett, C) |
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