Tretola et al v. D'Amico et al
| Marbles Enterprises, Inc., T&T Tactical, Inc., Martin Tretola and Thomas Tretola |
| Charles Ribando, Elise McCarthy, Edward Franke, John Does 2:13cv5705 #1-8, Nassau County District Attorney Investigator John Does 2:13cv5705 #1-8, John Doe 2:13cv5705 #9, James Dewar, Joseph De Maria, Joseph A. D'Amico, County of Nassau, Karen Bennett and Kathleen M. Rice |
| 2:2013cv05705 |
| October 17, 2013 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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MEMORANDUM & ORDER finding as moot 36 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 22 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 22 Motion to Dismiss for Lac k of Jurisdiction; granting in part and denying in part 23 Motion to Dismiss for Failure to State a Claim. For the foregoing reasons, the State Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. Likewise, the County Defen dants' motion to dismiss is GRANTED IN PART and DENIED IN PART. Both motions are GRANTED as to Plaintiffs' claims for violation of their Second Amendment rights and for supervisory liability, and such claims are DISMISSED WITHOUT PREJUDICE. In addition, the County Defendant's motion to dismiss the claim for Monell liability is also GRANTED, and that claim is also DISMISSED WITHOUT PREJUDICE. Finally, the County Defendants' motion to dismiss Plaintiffs' malicious prosecut ion claim is GRANTED, and that claim is DISMISSED WITH PREJUDICE. Both motions are otherwise DENIED. As to those claims that have been dismissed without prejudice, Plaintiffs are GRANTED leave to replead. If they choose to do so, they must file an A mended Complaint within thirty (30) days of the date of this Memorandum and Order. Failure to do so will mean that these claims will be dismissed with prejudice and only the claims surviving this Memorandum and Order will proceed. Finally, the County Defendants' additional motion to dismiss is DENIED AS MOOT given that it is duplicative of the first motion. So Ordered by Judge Joanna Seybert on 7/1/2014. C/ECF (Valle, Christine)
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