Ferrari v. County of Suffolk et al
| James B. Ferrari |
| County of Suffolk, John Does 1-10 and Christine Malafi |
| 2:2010cv04218 |
| September 16, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| William D. Wall |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
60
MEMORANDUM & ORDER re: 51 Plaintiff's Motion for Summary Judgment on the issue of liability is GRANTED IN PART and DENIED IN PART and re: 54 County's Motion for Summary Judgment is also GRANTED IN PART and DENIED IN PART. Summary judgme nt is GRANTED in favor of Plaintiff on the issue of liability on the procedural due process claim arising out of the County's failure to meet its burden at retention hearings and is otherwise DENIED. Summary judgment is GRANTED in favor of the C ounty on the substantive due process claim as well as Plaintiff's other procedural due process claims, and those claims are DISMISSED WITH PREJUDICE. The County's motion is otherwise DENIED. The action is hereby REFERRED to Magistrate Judge Gary R. Brown to resolve any remaining pretrial issues and to determine whether this action is ready for trial on the issue of damages on the procedural due process claim for which summary judgment has been granted in favor of Plaintiff i.e., the claim regarding the County's failure to meet its burden at retention hearings. Ordered by Judge Joanna Seybert on 8/6/2013. (Nohs, Bonnie)
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Filing
14
MEMORANDUM AND ORDER granting in part and denying in part 4 Motion to Dismiss. For the reasons set forth herein, this motion is GRANTED IN PART AND DENIED IN PART. The claims against Suffolk County remain, but the claims against Christine Malafi and John Does #1-10 ("Individual Defendants") are DISMISSED WITHOUT PREJUDICE. So Ordered by Judge Joanna Seybert on 6/7/2011. C/ECF (Valle, Christine)
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