Smalls v. City of New York et al
| Elliott Smalls |
| City of New York, NYC Police Officers John Doe 1-4 and P.O. Ngai |
| 1:2015cv03017 |
| May 22, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roanne L. Mann |
| Roslynn R. Mauskopf |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
50
MEMORANDUM AND ORDER: Smalls' request for an extension of time to serve Officer Ngai is denied, and his claims against Officer Ngai are dismissed pursuant to Rule 4(m). Smalls' Monell claim against the City based on the NYPDs alleged policy or practice of arresting visitors to NYCHA properties for trespassing may proceed. To the extent Smalls brings claims based on other theories of Monell liability, they are dismissed. Accordingly, the Citys motion for judgment on the pl eadings (Doc. No. 44 ) is granted in part and denied in part. Lastly, Smalls motion for leave to amend his complaint to name the John Doe officers is denied. This case is recommitted to Chief Magistrate Judge Mann for any further discovery and for p retrial arrangements. The Clerk of Court shall send a copy of this Memorandum and Order to Smalls at the address listed for him and note the mailing on the docket. Ordered by Judge Roslynn R. Mauskopf on 3/18/2019. (Taronji, Robert)
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