Stratakos v. Nassau County et al
Demitrios Stratakos |
Detective "John" Dluginski, Nassau County, Nassau County District Attorney's Office, Nassau County Police Department, Police Officer "John" Cabey, Police Officer John Does Numbers 1-10, Police Officer Karl Padilla, Police Officer Prashant Rane and Sergeant James Brown |
2:2015cv07244 |
December 21, 2015 |
US District Court for the Eastern District of New York |
Central Islip Office |
Arlene R. Lindsay |
Arthur D. Spatt |
Civil Rights: Other |
28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
Plaintiff |
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Filing 99 BENCH TRIAL DECISION & ORDER: The Clerk shall enter judgment in favor of plaintiff in the total amount of $230,000, representing $115,000 in compensatory damages (for which defendants are jointly and severally liable), $75,000 in punit ive damages against defendant Rane and $45,000 in damages against defendant Padilla. Plaintiff's counsel shall file, within 14 days, an application for fees and costs; any response by defendants will be filed ten days thereafter. It is requ ested that counsel for defendants file a letter via ECF advising this Court and plaintiff's counsel of the determination made concerning indemnification within 30 days of such decision. Ordered by Judge Gary R. Brown on 6/24/2021. (Florio, Lisa) |
Filing 88 ORDER re 84 : See attached order for details.Ordered by Magistrate Judge Arlene R. Lindsay on 11/24/2020. c/ecf (Miller, Dina) |
Filing 79 MEMORANDUM OF DECISION & ORDER: The Court denies the Plaintiff's Rule 56 motion, grants the Defendants' Rule 56 cross-motion in part, and denies it in part. In particular, the Court dismisses the following claims: (1) the First Amendment c laims based on the rights to associate, assemble, or petition for the redress of grievances; (2) the Fifth Amendment due process claim; (3) the equal protection claim; (4) the individual supervisory liability claim; (5) the Monell claim; (6) the false arrest claim; (7) the false imprisonment claim; (8) the malicious prosecution claim; (9) the New York State constitutional claims; (10) the IIED claim; (11) the NIED claim; and (12) the negligence claim. The Court rules that the following claims shall proceed: (1) the excessive force claim; (2) the First Amendment claim asserting a right to film the police; (3) the failure to intervene claim; (4) the assault and battery claim; and (5) the respondeat superior claim. Finally, the Court notes that all claims seeking relief against Defendants Cabey, Brown and Dluginski have been dismissed. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 12/9/2019. (Coleman, Laurie) |
Filing 76 ORDER re 63 First MOTION for pre motion conference for expert fees filed by Demitrios Stratakos. See attached order. Ordered by Magistrate Judge Arlene R. Lindsay on 7/16/2019. (Gandiosi, Kristin) |
Filing 14 MEMORANDUM OF DECISION & ORDER granting 9 Motion to Dismiss; Based on the foregoing, the Court directs the following: 1. The Court grants the Defendants motion to dismiss the complaint as against the NCPD and the DAs Office; 2. The Court grants t he Defendants motion to dismiss the federal claims - namely, the first, second, third, and fourth causes of action arising under § 1983 - against the County; 3. The Court, on its own motion, dismisses the complaint as against the individual Defe ndants; and 4. Consistent with this opinion, the Plaintiff is granted leave to file an amended complaint within 20 days after the entry of this order. If, by December 13, 2016, the Plaintiff has not filed an amended complaint, the Court will: (1) dec line to exercise supplemental jurisdiction over the Plaintiffs sole remaining cause of action, namely, a State law claim against the County based on a theory of respondeat superior; (2) dismiss the complaint without prejudice to refiling in an appropriate State court; and (3) request that the Clerk of the Court close this case. SEE ATTACHED DECISION for further details. So Ordered by Judge Arthur D. Spatt on 11/23/2016. (Coleman, Laurie) |
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