Hawthorne v. Ruecker et al
| Darryl L. Hawthorne |
| Tyson Ruecker, Devin Anderson, Sean Perkins, Alex Cheban, John Norris and The City of Albany, NY |
| 1:2017cv00716 |
| June 30, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| Albany |
| Therese Wiley Dancks |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
58
DECISION AND ORDER that Defendants' alternative motion to dismiss for failure to prosecute (Dkt. No. 56 ) is GRANTED. Defendants' motion for summary judgment is DENIED as moot. Plaintiff's Amended Complaint (Dkt. No. 8 ) is DISMISSED with prejudice. Signed by Chief Judge Glenn T. Suddaby on 4/29/2020. (Copy served upon Plaintiff via regular and certified mail). (sal)
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Filing
14
DECISION and ORDER adopting Report and Recommendations re 13 Report and Recommendations. ORDERED that Magistrate Judge Dancks Report-Recommendation (Dkt. No. 13) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that Plaintiffs claims against Defendant City of Albany are DISMISSED with prejudice; and it is further ORDERED that the following claims REMAIN PENDING:(1)Plaintiffs Fourth Amendment claim for unreasonable search and seizure asserted against Defendants Anderson a nd Perkins; (2) Plaintiffs Fourth Amendment claim for false arrest asserted against Defendants Anderson, Perkins, Ruecker, Norris, Cheban and Christ;(3) Plaintiffs Fourth Amendment claim for excessive force asserted against Defendants Anderson and P erkins;(4) Plaintiffs Fourth Amendment claim for malicious prosecution asserted against Defendants Anderson, Perkins, Ruecker, Norris, and Cheban; and (5) Plaintiffs Fourteenth Amendment claim for violation of due process (arising from the deprivation of property) asserted against Defendants Anderson, Perkins and Christ. Signed by Chief Judge Glenn T. Suddaby on 12/19/2017. (Copy served via regular and certified mail)(khr)
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Filing
7
DECISION and ORDER adopting Report and Recommendations re 4 Report and Recommendations. ORDERED that Magistrate Judge Dancks Report-Recommendation (Dkt. No. 4) is ACCEPTED and ADOPTED in its entirety; and it is further ORDERED that the following c laims are DISMISSED without prejudice and with leave to amend within THIRTY (30) DAYS of the date of this Decision and Order: Plaintiffs malicious prosecution claim asserted against Defendants Anderson and Perkins; Plaintiffs conspiracy claim asser ted against Defendant Ruecker; Plaintiffs claims against Defendants Cheban, Norris, and the City of Albany; and it is further ORDERED that the following claims SURVIVE the Courts sua sponte review of Plaintiffs Complaint: Plaintiffs Fourth Amendmen t claims of unreasonable search and seizure, excessive force and false arrest asserted against Defendants Anderson and Perkins; Plaintiffs Fourteenth Amendment due process claim for deprivation of property asserted against Defendants Anderson and Perkins; Plaintiffs Fourth Amendment false arrest claim asserted against Defendant Ruecker; and it is further ORDERED that any Amended Complaint filed by Plaintiff must be a complete document in and of itself and must not incorporate a prior plea ding by reference; any Amended Complaint must include all of Plaintiffs claims against each of the Defendants, including both those claims in the original Complaint with regard to which Defendants have been ordered to respond by the District Court , and claims with regard to which Plaintiff has been granted leave to amend by the District Court; such an the Amended Complaint will supersede Plaintiffs original Complaint in its entirety and become the operative pleading in this case; and such an Amended Complaint must comply with the pleading requirements of Fed. R. Civ. P. 10(b) such that each claim must be set forth in separately numbered paragraphs and each paragraph must include a single set of circumstances or facts to the extent practicable. Signed by Chief Judge Glenn T. Suddaby on 10/2/2017. (Copy served via regular and certified mail) (khr)
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