Knox v. County of Ulster et al
| Erinn Knox |
| Ulster County District Attorney's Office, County of Ulster, Ulster County Sheriff's Department, Ronald L. Dreiser, Wallace Fulford, Holley Carnright and William J. Weishaput |
| 1:2011cv00112 |
| February 1, 2011 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| David R. Homer |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
16
MEMORANDUM-DECISION & ORDER granting in part and denying in part # 9 Defendants' Motion to Dismiss: that Defendants' motion to dismiss Plaintiff's §1983 and New York common law claim of malicious prosecution against Defendants Ca rnright and Weishaput; and Defendants' motion to dismiss Plaintiff's New York common law claim of malicious prosecution against the County of Ulster under the doctrine of respondeat superior are DENIED; and it is further ORDERED that Defend ants' motion to dismiss the remainder of Plaintiff's claims is GRANTED, and those claims are DISMISSED with prejudice; and it is further ORDERED that Defendants Carnright and Weishaput shall file and serve an answer to Plaintiff's complaint pursuant to F.R.C.P. Rule 12(a)(4). This matter is referred back to Magistrate Hummel for a Rule 16 conference. Signed by Judge Glenn T. Suddaby on 1/24/13. (lmw) (Copy served upon pro se plaintiff via regular mail)
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