Ferguson v. City of New York et al
| Shaheym Ferguson |
| City of New York, Police Officer William Dugan and Police Officer Ronald Sanchez |
| 1:2017cv04090 |
| July 10, 2017 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
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Filing
52
MEMORANDUM DECISION AND ORDER, Plaintiff's 46 Motion for Reconsideration is GRANTED IN PART AND DENIED IN PART. The Court hereby reinstates plaintiff's claim against Officer Dugan for false arrest under New York law and his claims aga inst Officer Sanchez for excessive force, state law assault and battery, illegal seizure (after the show-up), and First Amendment retaliation. The Court reinstates plaintiff's failure-to-intervene claims based on the illegal seizure (post show-u p) and the First Amendment retaliation against Officer Dugan, Detective Pizzarro, and Officer Altman. The Court also reinstates the respondeat superior claims against the City of New York based on the state law false arrest claims against Offi cers Dugan and Sanchez and based on the assault and battery claims against Officer Sanchez. In light of this order reinstating some of the claims and some defendants, the Court will issue separately an order rescheduling the Final Pretrial Conference. So Ordered by Judge Brian M. Cogan on 7/30/2018. (Lee, Tiffeny)
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Filing
44
MEMORANDUM DECISION AND ORDER dated 7/2/18 that defendant's 33 Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART. Defendants motion for summary judgment is granted as to plaintiffs § 1983 claims for false arrest, illega l seizure, First Amendment retaliation, excessive force, and failure to intervene. Defendants motion is also granted as to plaintiffs state law claims for battery, assault, false arrest, and the corresponding claim against the City for respondeat superior liability. Defendants motion is denied as to plaintiffs § 1983 claim for illegal search against Officer Dugan. By separate order, the Court will set this matter down for trial. ( Ordered by Judge Brian M. Cogan on 7/2/2018 ) (Guzzi, Roseann)
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