Dancy v. The City of New York et al
| Sean Dancy |
| Police Officer John Doe 1-5, The City of New York and The New York City Police Department |
| 1:2015cv00432 |
| January 28, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J. Dearie |
| Ramon E. Reyes |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
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| Document Text |
|---|
Filing
39
MEMORANDUM OF DECISION: Plaintiff has withdrawn his claims against the City and the NYPD. With regard to plaintiffs claims against the Individual Defendants, the Court finds that Plaintiff has met the requirements of C.P.L.R. § 1024. Thus, the S econd Amended Complaint relates back to the date of the Original Complaint under Rule 15(c)(1) and is not time-barred. The Court also finds that plaintiff has adequately alleged the personal involvement of the Individual Defendants. As such, the Court denies defendants' motion to dismiss with respect to plaintiffs claims against the Individual Defendants. Ordered by Judge Raymond J. Dearie on 10/28/2016. (Rodriguez, Lori)
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