Soller et al v. Badge #5972 et al
| Kenneth Dave Soller and Rosalie Soller |
| Badge #5972, Chief Executive, County of Suffolk, County of Suffolk Executive, John Doe, Road Supervisor #43G, Social Services Representative, Suffolk County Police Dept. and Town of Smithtown |
| 2:2012cv00167 |
| January 9, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| William D. Wall |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
49
OPINION & ORDER: SO ORDERED that the branch of plaintiffs' cross motion seeking leave to amend the SAC to substitute P.O. Boudreaux and Sgt. Todoro for defts "Badge# 5972" and "Road Supervisor #430," respectively, is granted, and the cross motion is otherwise denied; the County's motion seeking judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure is treated as a motion for summary judgment pursuant to Rule 12( d) of the Federal Ru les of Civil Procedure; summary judgment is granted dismissing plaintiffs' Section 1983 claims against the officers, the County and the "Social Services Representative" in their entirety with prejudice pursuant to Rule 56 of the Federa l Rules of Civil Procedure; plaintiffs' Section 1983 claims against the Town are sua sponte dismissed in their entirety with prejudice for failure to state a claim for relief; any state law claims asserted in the SAC are sua sponte dismissed in their entirety without prejudice pursuant to 28 U.S.C. § 1367(c)(3); and plaintiffs' motion to amend the July 15, 2013 Minute Order is denied. The Clerk of the Court shall enter judgment in favor of defts and close this case. Ordered by Judge Sandra J. Feuerstein on 2/3/2015. (Florio, Lisa)
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