Harrison v. Town of Hempstead et al
| Timothy Harrison |
| Incorporated Village of Freeport, Police Officer Kennedy, Kennedy & Pereira, Police Officer Freddy Pereira, The Village of Freeport Police Department and Town of Hempstead |
| 2:2016cv02442 |
| May 13, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Anne Y. Shields |
| Arthur D. Spatt |
| Civil Rights: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| None |
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Filing
68
MEMORANDUM OF DECISION & ORDER granting in part and denying in part 43 Motion for Summary Judgment: For the foregoing reasons, the Court grants the Defendants Rule 56 motion in part and denies it in part. The Court grants the motion as to the Plai ntiffs claims for false arrest, excessive force concerning exposure to cold weather, negligence, and municipal liability. It denies the motion with regard to the excessive force clam surrounding the Plaintiffs removal from the car, and the assault an d battery claim. In addition, the Court holds that the Defendant officers are not entitled to qualified immunity. Further, the Court dismisses the action as to Defendants the Village of Freeport and the Village of Freeport Police Department. The Cler k of the Court is respectfully directed to amend the caption in accordance with this order. The Court further authorizes the parties to reopen discovery for the limited purpose of deposing Smith. The Court orders the parties to confer and agree on a date for the deposition. The parties must submit a deposition schedule within thirty (30) days of the entry of this Order. If no agreement can be reached by that time the Defendants may subpoena Smith for a deposition. Finally, the telephone status c onference scheduled for November 18, 2020 is adjourned to January 14, 2021, at 11:00 a.m. At that time, the parties are directed to call the teleconferencing number (877) 336-1280 and follow the automated instructions; the access code is 7215690. So Ordered by Judge Sandra J. Feuerstein on 10/30/2020. (Cubano, Jazmin)
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