Freund v. County of Nassau et al
| Michael Freund |
| County of Nassau, Nassau County Police Department, Nassau County Sheriff's Department and Sheriff Michael Sposato |
| 2:2015cv06180 |
| October 27, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Leonard D. Wexler |
| Civil Rights: Other |
| 42 U.S.C. ยง 1201 Civil Rights (Disability) |
| Plaintiff |
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Filing
38
MEMORANDUM AND ORDER granting in part and denying in part 21 Motion to Dismiss. For the reasons stated herein, Defendants' motion to dismiss is granted in part and denied inpart. Specifically, the motion is granted with respect to Plaintiff& #039;s due process, ADA andRehabilitation Act claims, and those claims are hereby dismissed. In addition, the Court findsthat Plaintiff's Complaint fails to state a claim with respect to his Second Amendment claim, aswell as his state law claims for tortious interference with prospective contractual advantage and negligence and those claims are also dismissed sua sponte. Finally, because the Nassau County Police Department and the Nassau County Sheriff's Department are not suable entit ies, all claims against them are dismissed in their entirety. In all other respects, Defendants' motionto dismiss is denied and this action shall continue solely with respect to Plaintiffs equal protection and municipal liability claims. (Ordered by Judge Leonard D. Wexler on 2/24/2017.) (Fagan, Linda)
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