Perkins v. New York City et al
||P.O. Jackson, P.O. John Doe 1, P.O. John Doe 2, P.O. Anthony Lafemina, New York City and P.O. Christian Velenuzuela
||January 24, 2017
||US District Court for the Eastern District of New York
||Roslynn R. Mauskopf
||Cheryl L. Pollak
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|September 27, 2019
MEMORANDUM AND ORDER granting in part and denying in part 73 Motion to Dismiss for Failure to State a Claim: For the reasons set forth in the attached Memorandum and Order, the Court grants Defendants motion to dismiss 1) due process claims rela ting to the identification procedures and the allegedly false statements by defendants Adams-Edwards and Diaz-Mojica, 2) Sixth Amendment claims (and Fifth Amendment claims, if any) relating to the lineup, 3) all Eighth Amendment claims, 4) any excess ive force claims stemming from the allegation that Lefamina and other officers assaulted Perkins, and 5) the supervisory liability claim against defendant Jackson. The motion to dismiss is denied in all other respects. In light of Perkins pro se sta tus, the Court grants Perkins leave to amend his excessive force and supervisory liability claims. Perkins shall have 30 days from the date of this Memorandum and Order to file any amended complaint. Should he fail to so do, the action will proceed only with respect to those Fourteenth Amendment excessive force claims as to which the allegations in the Second Amended Complaint were sufficient. This action is re-committed to the assigned magistrate judge for all pre-trial proceedings. The Clerk of Court is directed to send to Perkins by overnight mail a copy of this Memorandum and Order and note that mailing on the docket sheet. Ordered by Judge Roslynn R. Mauskopf on 9/27/2019. (Mauskopf, Roslynn)
|June 20, 2017
MEMORANDUM AND ORDER: Perkins request to proceed in forma pauperis is granted pursuant to 28 U.S.C. § 1915. All of the claims against the City of New York and the Police Commissioner are dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915A(b) and 28 U.S.C. § 1915(e)(2)(B). No summonses shall issue against these defendants. Perkins claims shall proceed against the individual police officers. The Court respectfully directs the Clerk of Court to issue summons es against the remaining named defendants and directs the United States Marshals Service to serve the summonses and copies of the complaint on them. The Clerk of Court shall mail a copy of this Order and the Complaint to the New York City Law Depart ment. Once Corporation Counsel has provided the requested information for the John Doe defendants, the Clerk of Court is directed to amend the caption of the Complaint to reflect that information and to issue summonses against the officers. The Uni ted States Marshals Service is directed to serve these defendants once summonses are issued. The Court refers this matter to Magistrate Judge Cheryl L. Pollak for pretrial supervision. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith. Therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Memorandum and Order to Perkins and note the mailing on the docket.. Ordered by Judge Roslynn R. Mauskopf on 6/20/2017. (Taronji, Robert)
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