Gazzola et al v. County of Nassau et al
| Gloria Gazzola |
| Armor Correctional Health Services of New York, Inc., Armor Correctional Health Services, Inc., County of Nassau, John Does 1-10, John and Jane Does 11-20, Nassau County Correctional Center, Nassau County Sheriff's Department and Michael J. Sposato |
| 2:2016cv00909 |
| February 23, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Fed. Question |
| Plaintiff |
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Filing
74
MEMORANDUM & ORDER granting in part and denying in part 58 Motion for Summary Judgment; granting in part and denying in part 61 Motion for Summary Judgment; terminating 73 Motion to Amend/Correct/Supplement; terminating 73 Motion for Summ ary Judgment; ORDERED that: 1) The Court GRANTS in part and DENIES in part Armor's (ECF No. 61) and the County's (ECF No. 58) respective motions for summary judgment, with the motions: a. GRANTED with respect to Plaintiff's New York State law claims for intentional infliction of emotional distress and failure to train; and b. GRANTED with respect to Plaintiff's wrongful death claim to the extent that, if proven, Plaintiff may only recover on this claim for funeral and burial expenses. c. DENIED with respect to Plaintiff's Eighth Amendment claims under Monell (under the theories approved herein) and her remaining New York State law claims; 2) The Court DENIES Armor's motion for summary judgment as to Plaintiff's claim for punitive damages; 3) All claims against the Nassau County Correctional Center, Nassau County Sheriff's Department, and the John and Jane Doe Defendants are DISMISSED, and the Clerk of the Court shall TERMINATE these entities as parties to this action; 4) The Clerk of the Court shall TERMINATE the motion pending at ECF No. 73; 5) On or before July 1, 2022, the parties shall file a letter advising whether they wish to be referred to the Court's Trial Ready Rapid Mediation Program; and 6) The parties shall use the caption set forth herein in all future filings. So Ordered by Judge Joanna Seybert on 6/23/2022. C/ECF (Valle, Christine)
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Filing
20
MEMORANDUM OF DECISION & ORDER granting in part and denying in part 9 Motion to Dismiss for Failure to State a Claim. Based on the foregoing, the Defendants motion to dismiss the Plaintiffs 1983 claims against Sheriff Sposato is granted, and the Defendants motion to dismiss the Plaintiffs 1983 claims against Nassau County is denied. The 1983 claims against Sheriff Sposato in his official capacity are dismissed with prejudice, and the 1983 claims against Sheriff Sposato in his individual cap acity are dismissed without prejudice. The Court does not address the merits of the 1985 claims or the various claims made under New York State common law. This case is respectfully referred to United States Magistrate Judge Anne Y. Shields for the remainder of discovery. So Ordered by Judge Arthur D. Spatt on 10/13/2016. (Coleman, Laurie)
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