Schiff v. Suffolk County Police Department et al
Ann Marie Schiff |
P.O. Michael Caponi, P.O. Steven Caratozzola, County of Suffolk, PO John Doe, P.O. Luigi Modica and Suffolk County Police Department |
2:2012cv01410 |
March 15, 2012 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joseph F. Bianco |
A. Kathleen Tomlinson |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
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Filing 63 ORDER granting in part and denying in part 44 Motion to Amend/Correct/Supplement For the reasons set forth herein, plaintiffs motion to amend her complaint is granted to the extent that plaintiff may (a) assert claims against Dr. John Doe, Psychia tric Director of the SCCF, Medical and Nursing Staff John and Jane Does, EMTs John and Jane Does, Sergeant 182, and Commanding Officers John and Jane Does for false arrest and the denial of medical care while detained at the SCCF between July 3, 2013 and July 11, 2013; and (b) supplement her claim for constitutional violations occurring on or about March 19, 2011 with the names of previously unknown individuals at the SCPD Fourth Precinct (Lena Mercer, PDA #125/400, Jane Doe, PDA #145, Jane Doe, PDA, Desk Sergeant Veronko and Desk Sergeant Doe). Plaintiffs motion is denied in all other respects as futile because plaintiff fails to allege each proposed defendants personal involvement in any constitutional injuries, the proposed defendant is immune or unable to be sued, and/or the proposed defendant is not a state actor. Plaintiff is ordered to file and serve her amended complaint, deleting those defendants against whom the Court has ruled plaintiff cannot state a valid claim. The amended complaint shall be filed and served within thirty days of this Memorandum and Order. SO ORDERED. Ordered by Judge Joseph F. Bianco on 4/20/2015. (Mesrobian, David) |
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