Bristol v. Queens County et al
Case Number: 2:2009cv05544
Filed: December 14, 2009
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Joseph F. Bianco
Presiding Judge: A. Kathleen Tomlinson
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff
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Date Filed Document Text
March 26, 2021 Opinion or Order Filing 357 ORDER: For the reasons set forth (Please See Order For Further Details), Defendants' motions to dismiss in both actions are hereby GRANTED, and both of Plaintiff's actions are dismissed for failure to prosecute. The Clerk of Court is respec tfully directed to enter judgment accordingly and close both cases. The Clerk of Court shall mail a copy of this Order to the pro se Plaintiff at his last known address. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered by Judge Joan M. Azrack on 3/26/2021. (Ortiz, Grisel)
September 11, 2018 Opinion or Order Filing 326 ORDER ADOPTING REPORT AND RECOMMENDATIONS: SO ORDERED that having conducted a review of the full record and the applicable law, I adopt Judge Tomlinson's R&R (as corrected) in its entirety as the opinion of the Court. Accordingly, the Court: (1) dismisses all claims asserted against the Queens District Attorney's Office, District Attorney Richard Brown, and the NYPD; (2) dismisses all claims against Det. Richard Lewis, Det. Patrick Dolan and Sgt. John Kenna; (3) dismisses all claims ag ainst Det. Brancaccio and Det. Lee; (4) dismisses the false arrest, malicious prosecution, double jeopardy, excessive force, and municipal liability claims; (5) dismisses the Fourteenth Amendment claim based on Plaintiff's transfers to Rikers Is land; (6) dismisses the due process claim based on Plaintiff's appearance in prison garb; (7) dismisses the Fourth Amendment claim based on the perp walk; (8) dismisses the claims for conspiracy and fabrication of evidence against ADA Gitin and ADA Fleming based on absolute prosecutorial immunity; (9) denies the motion to dismiss the fabricated evidence claim and the conspiracy claim related to fabricated evidence as against Det. Miller, Det. O'Brien, Det. Ring, and Sgt. Horvath on the grounds that the qualified immunity defense should be deferred at this time; and (10) denies the motion to dismiss the illegal search claim and the conspiracy claim related to the illegal search as against Det. Miller, Det. O'Brien, Det. Ring, and Sgt. Horvath. Therefore, the sole remaining claims in this case are the § 1983 causes of action for fabrication of evidence and illegal search and the § 1983 limited conspiracy claims based on the fabrication of evidence and illegal search as against Det. Miller, Det. OBrien, Det. Ring and Sgt. Horvath. The Clerk of Court is directed to mail a copy of this order to the pro se plaintiff. Ordered by Judge Joan M. Azrack on 9/11/2018. (CM to pro se plaintiff) (Florio, Lisa)
April 15, 2016 Opinion or Order Filing 240 ORDER denying 169 Letter request for an extension of time to serve Postal Inspector Ysento Belfort with the Summons and Second Amended Complaint. SEE ATTACHED ORDER for details. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/15/2016. (Kandel, Erin)
March 18, 2013 Opinion or Order Filing 140 ORDER ADOPTING REPORT AND RECOMMENDATIONS. For the reasons stated herein, having conducted a review of the full record and the applicable law, and having reviewed the R&R for clear error, the Court adopts the findings and recommendations contained in the well-reasoned and thorough R&R in their entirety. Accordingly, IT IS HEREBY ORDERED (1) that plaintiff shall remove the Nassau County District Attorney's Office from the caption of any subsequent filings; (2) that the Nassau County defendan ts' motion is granted with respect to plaintiff's municipality claims, as well as her claims asserted against the Nassau County defendants in their official capacities; (3) that all claims against District Attorney Rice are dismissed, with prejudice; (3) that the Nassau County defendants' motion is denied with respect to plaintiff's causes of action based on cruel and unusual punishment, double jeopardy, false arrest, illegal search and seizure, and malicious prosecution; (4) that plaintiff's fabrication of evidence and Section 1983 conspiracy claims shall proceed; and (5) that the Nassau County defendants' motion to dismiss on immunity grounds (pertaining to defendants Schepis, Harvey, ADA Doddato, and ADA Doe) is denied. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/18/2013. (Samplin, Ilissa)
January 3, 2012 Opinion or Order Filing 95 ORDER ADOPTING REPORT AND RECOMMENDATIONS; granting 42 Motion to Dismiss; denying 50 Motion for Summary Judgment; adopting Report and Recommendations as to 64 Report and Recommendations. Having conducted a review of the full record and the applicable law, and having reviewed the R&R for clear error, the Court adopts the findings and recommendations contained in the R&R in their entirety. Even under a de novo standard, the Court adopts the R&R in its entirety. Accordingly, IT IS HEREB Y ORDERED that the Nassau County Defendants' motion to dismiss is granted in its entirety, and plaintiff's motion for summary judgment is denied. IT IS FURTHER ORDERED that plaintiff is granted leave to re-plead as directed by the R&R by filing an Amended Complaint within thirty days of the date of this Memorandum and Order. A copy of this Order has been mailed to pro se plaintiff by the Court. SO ORDERED. Ordered by Judge Joseph F. Bianco on 1/3/2012. (Maxwell, Rita)
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