Costanzo v. The County of Suffolk et al
| Irena Costanzo |
| Correction Officer Santa Cruz, Nurse Jane Doe, Correction Officer Jane Doe #1, Correction Officers John Doe #1-#5, Suffolk County Sheriff's Department and The County of Suffolk |
| 2:2016cv03871 |
| July 12, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M. Azrack |
| Arlene R. Lindsay |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
71
FINDINGS OF FACT AND CONCLUSIONS OF LAW: Irena Costanzos death was tragic, and the Court offers its condolences to her family. However, for the reasons set forth above, the Court finds that Plaintiff has failed to prove her excessive force claim by a preponderance of the evidence. As a result, Defendants are not liable to Plaintiff under 42 U.S.C. § 1983. Because Plaintiffs excessive force claim fails, her motion to amend, (ECF No. 68 ), is DENIED as moot. The Clerk of Court is respectfully directed to enter judgment in favor of Defendants and to close this case. SEE ATTACHED for further details. So Ordered by Judge Joan M. Azrack on 6/29/2023. (LC)
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Filing
52
MEMORANDUM & ORDER - For the reasons set forth above (SEE ATTACHED ORDER for details), Defendants' 50 motion for summary judgment is granted in part and denied in part. The Court grants summary judgment as to the following claims: delibera te indifference to Plaintiff-Decedent's medical needs in violation of the Fourteenth Amendment; deprivation of liberty under the Fourteenth Amendment; sex-based discrimination under the Fourth and Fourteenth Amendments; and Due Process violation s under the Fourteenth Amendment. Because Defendants' summary judgment motion on the due process claim is granted, Suffolk County and the Suffolk County Sheriff's Department are dismissed from the case. The Court also dismisses individual D efendant Walker from the case. The Court denies summary judgment as to the excessive force claim against the other individual defendants. Rena Walker, Suffolk County Sheriff's Department and The County of Suffolk terminated. So Ordered by Judge Joan M. Azrack on 3/11/2022. (Coleman, Laurie)
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