Callwood et al v. City of Kingston et al
| Angie Callwood and Johnathon Hardaway |
| City of Kingston, Michael Mills, Robert Farrell, Timothy Bowers, Richard Negron, Kirk Strand, Emily-Claire E. Sommer, County of Ulster, Pamela Joern, James Meyer, Denise Timbrouck, Amy Greene, Peggy Webb, Tamatha Stitt, Elizabeth Culmone-Mills, Holley Carnright, Barbara Sorkin and Michael Iapoce |
| 1:2015cv01298 |
| October 31, 2015 |
| US District Court for the Northern District of New York |
| Albany Office |
| Ulster |
| Therese Wiley Dancks |
| Gary L. Sharpe |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
213
SUMMARY ORDER - That County defendants' motion for reconsideration (Dkt. No. 207) is DENIED. Signed by Senior Judge Gary L. Sharpe on 7/2/2020. (jel, )
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Filing
206
MEMORANDUM-DECISION and ORDER - ORDERED that County defendants' motion for summary judgment (Dkt. No. 188) is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to plaintiffs' (1) Fourth Amendment claim for unlawful entry and search while the hotel room was vacant (second cause of action); (2) Fourth Amendment claim for unlawfully removing A.H. and J.H. from Hardaway's and Callwood's custody (fifth cause of action); (3) Fourth Amendment claim for unlawfully interviewing A.H. (sixth cause of action); (4) claim of First Amendment retaliation on behalf of Hardaway (ninth cause of action), as against Joern; (5) abuse of process claims pursuant to 42 U .S.C. § 1983 (tenth, eleventh, and twelfth causes of action); (6) claim of denial of a right to a fair trial (fifteenth cause of action), as against Culmone-Mills; (7) malicious prosecution claims pursuant to 42 U.S.C. § 1983 and New York state law (sixteenth and seventeenth causes of action), as against Culmone-Mills; (8) conspiracy claim pursuant to 42 U.S.C. § 1983 (twentieth cause of action), as against Joern, Meyer, Webb, and Culmone-Mills; and (9) Fourtee nth Amendment equal protection claim (twenty-first cause of action), which claims are DISMISSED; and DENIED in all other respects; and it is further ORDERED that City defendants/ motion for summary judgm ent (Dkt. No. 189) is GRANTED IN PART and DENIED IN PART as follows: GRANTED as to plaintiffs' (1) Fourth Amendment claim for unlawful entry and search while the hotel room was vacant (second cause of action), as against Strand; (2) Fourth Amendment claim for unlawfully removing A.H. and J.H. from Hardaway's and Callwood's custody (fifth cause of action), as against Sommer; (3) Fourth Amendment claim for unlawfully interviewing A.H. (six th cause of action), as against Strand and Sommer; (4) First Amendment retaliation claims (eighth and ninth causes of action); (5) abuse of process claims pursuant to 42 U.S.C. § 1983 (tenth, eleventh, and twelfth causes of action); (6) false arrest/false imprisonment claim pursuant to 42 U.S.C. § 1983 (thirteenth cause of action), as against Bowers, Negron, and Strand; (7) claim of denial of a right to a fair trial (fifteenth cause of action), as against Bowers and Neg ron; (8) Fourteenth Amendment substantive due process claim (eighteenth cause of action); (9) municipal liability claim (nineteenth cause of action); (10) conspiracy claim pursuant to 42 U.S.C. § 1983 (twentieth cause of action); a nd (11) Fourteenth Amendment equal protection claim (twenty-first cause of action), which claims are DISMISSED; and DENIED in all other respects; and it is further ORDERED that plaintiffs' cross-mot ion for summary judgment (Dkt. No. 196) is DENIED; and it is further ORDERED that the following claims remain: (1) a Fourth Amendment claim for unlawful entry and search of the hotel room while A.H. and J.H. were present (first cause of action), against Mills and Farrell; (2) a Fourth Amendment claim for unlawful entry and search while the hotel room was vacant (second cause of action), against Mills and Farrell; (3) a false imprisonment claim pursuant to 42 U.S.C. § 1983 (third cause of action), against Mills, Farrell, Strand, Sommer, Meyer, and Timbrouck; (4) a Fourth Amendment claim for unlawfully removing A.H. and J.H. from Hardaway's and Callwood's custody (fifth cause of action), against Mills, Farrell, and Strand; (5) Fourth Amendment claims for unlawful medical examination of A.H. and J.H. in the hotel room and the hospital (fourth and seventh causes of action), against Mills, Farrell, Strand, and Sommer; (6) a Fou rth Amendment claim for unlawfully interviewing A.H. (sixth cause of action), against Mills and Farrell; (7) a claim of First Amendment retaliation on behalf of Hardaway (ninth cause of action), against Stitt; (8) a false arre st/false imprisonment claim pursuant to 42 U.S.C. § 1983, against Mills; (9) an Eighth Amendment deliberate indifference to serious medical needs claim (fourteenth cause of action), against Mills, Bowers, Negron, and Strand; (10) a clai m of denial of a right to a fair trial (fifteenth cause of action), against Mills and Stitt; (11) malicious prosecution claims pursuant to 42 U.S.C. § 1983 and New York state law (sixteenth and seventeenth causes of action), again st Mills, Bowers, Negron, and Stitt; and (12) a conspiracy claim pursuant to 42 U.S.C. § 1983 (twentieth cause of action), against Stitt; and it is further ORDERED that the Clerk shall terminate the City, the County, Joern, Greene, Webb, and Culmone-Mills as defendants; and it is further ORDERED that this action is deemed trial ready and a scheduling order shall be issued in due course. Signed by Senior Judge Gary L. Sharpe on 6/1/2020. (jel, )
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Filing
110
MEMORANDUM-DECISION and ORDER - That the County defendants' motion to dismiss (Dkt. No. 20) is GRANTED IN PART and DENIED IN PART as detailed below: That all of plaintiffs' causes of action as against the County def endants (excepting the County) in their official capacities for damages (Am. Compl. 125-180) are DISMISSED. That plaintiffs' eighteenth and nineteenth causes of action (Am. Compl. 159-60, 161-64) and requests for a permanentinjunct ion and a declaratory judgment (Am. Compl. 178-79) are DISMISSED. That plaintiffs' demand for punitive damages (Am.Compl. 175) as against the County is DISMISSED. That plaintiffs' ninth cause of action (Am. Compl. 141- 42) is DISMISSED as against Culmone-Mills, Greene, Webb, Timbrouck,Meyer, Carnright, Sorkin, Iapoce, and the County. That plaintiffs' tenth, eleventh, twelfth, twentieth, and twenty-first causes of action (Am. Compl. 143-44, 145-46, 147-48 , 165- 66, 167-71) are DISMISSED as against Carnright, Sorkin, and Iapoce. That plaintiffs' seventh and eighth causes of action (Am. Compl. 137-38, 139-40) are DISMISSED as against Timbrouck and Meyer. That plaintiffs' thirteenth cause of action (Am. Compl. 149-50) is DISMISSED as against Culmone-Mills and Stitt. That the City defendants' cross-claim (Dkt. No. 16 at 5) is DISMISSED. Signed by Senior Judge Gary L. Sharpe on 9/29/2017. (jel, )
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