Burks v. City of New York et al
| Timothy Burks |
| City of New York and John and Jane Doe 1-15 |
| 1:2017cv00177 |
| January 12, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roanne L. Mann |
| Allyne R. Ross |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
52
ORDER granting in part and denying in part 43 Motion for Summary Judgment: For the reasons explained in the attached opinion, defendants' motion for summary judgment is granted on plaintiff's failure to intervene claim, and plaintiff 9;s negligence claim is dismissed for lack of supplemental jurisdiction. Additionally, because defendants' motion for summary judgment on the supervisory liability claim is uncontested by plaintiff, that claim is also dismissed, and Sergeant Ber sch is dismissed as a defendant in the action. As neither party has moved for summary judgment on plaintiff's excessive force, assault, and battery claims, those claims remain in the case, and the court continues to retain jurisdiction over them. Ordered by Judge Allyne R. Ross on 11/28/2018. (Zimmer, Allison)
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