Herman v. City of New York et al
| Mr. Joel Herman |
| City of New York, Anthony D'Alto, Leon Eisner, Aron Greenberg, Rochel Herman, John Does 1-3, John and Jane Does 4-10, Aron Mandel, Joel Teitelbaum, Kenneth Wieber and Joel Naim Yacoob |
| 1:2015cv03059 |
| May 26, 2015 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| John Gleeson |
| Viktor V. Pohorelsky |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| Document Text |
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Filing
251
ORDER: For the reasons in the attached Memorandum & Order, Defendants' 245 Motion for Summary Judgment is granted in part and denied in part. All claims against Defendants D'Alto and Stewart are dismissed with prejudice. The federal claim s against the City of New York are dismissed with prejudice. The state law claims against the City of New York are dismissed without prejudice to refiling in state court. The state and federal false arrest, unreasonable search, interference with familial association, and malicious abuse of process claims also are dismissed with prejudice as to Defendant Wieber. The malicious prosecution and fair trial claims against Wieber are dismissed with prejudice insofar as they concern Plaintiff&# 039;s May 26, 2014 arrest and resulting prosecution. The federal claim for failure to intervene against Defendant Mamys is dismissed with prejudice insofar as it concerns Plaintiff's May 26, 2014 arrest and resulting prosecution. The ma licious prosecution and fair trial claims may proceed against Wieber to the extent they concern the events stemming from the May 30, 2014 arrest. The federal failure to intervene claim may proceed against Mamys to the extent it concerns the alleged malicious prosecution stemming from the May 30, 2014 arrest. Ordered by Judge Pamela K. Chen on 3/28/2022. (Sharon, William)
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Filing
26
ORDER granting 18 Motion to Dismiss for Failure to State a Claim: For the reasons stated in the attached Memorandum and Order, the private defendants' motion to dismiss is granted. Ordered by Judge John Gleeson on 3/9/2016. (Fallon, Ethan)
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