Walker v. Village of Freeport et al
| Frederick Walker |
| Miguel Bermudez, Police Officer T. Cirko, Village of Freeport and Police Officer Martin Zimmer |
| 2:2015cv04646 |
| July 30, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| Steven I. Locke |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
29
ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has conducted a de nova review of the R&R in an abundance of caution and HEREBY ADOPTS the well-reasoned and thorough R&R. IT IS HEREBY ORDERED that defendants' motion to dismiss is granted in part and denied in part. Defendants' motion is (i) denied with respect to plaintiff's causes of action arising under 42 U.S.C. § 1983; (ii) denied with respect to plaintiff's cause of action arising under New York state law for m alicious prosecution; and (iii) granted with respect to plaintiff's remaining causes of action arising under New York state law for defamation, intentional infliction of emotional distress, and false arrest. IT IS FURTHER ORDERED that Plaintiff is granted leave to replead his claim for false arrest arising under New York law in an amended complaint and his claims for defamation and intentional infliction of emotional distress arising under New York law are dismissed with prejudice. So Ordered by Judge Joseph F. Bianco on 8/2/2016. (c/m to pro se) (Ortiz, Grisel)
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