Harris v. Tioga County et al
Plaintiff: Calvin Harris
Defendant: Tioga County, Tioga County District Attorney's Office, Gerald Keene, Unidentified Jane/John Doe #1-10 Tioga County Employees, Steven Andersen, SUSAN MULVEY, Unidentified Lester, UNIDENTIFIED JANE/JOHN DOE #11-20 NEW YORK STATE POLICE EMPLOYEES and Barbara Thayer
Case Number: 3:2017cv00932
Filed: August 22, 2017
Court: US District Court for the Northern District of New York
Office: Binghamton Office
County: Tioga
Presiding Judge: David E. Peebles
Presiding Judge: David N. Hurd
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 23, 2023 Opinion or Order Filing 125 DECISION AND ORDER: that the State defendants' 101 motion for summary judgment is Granted in part and Denied in part; that the County defendants' 100 motion for summary judgment is Granted in part and Denied in part; that Defendant Bar bara Thayer's 97 motion for summary judgment is Granted in part and Denied in part; that Plaintiff's § 1983 claims alleging a failure to investigate (Count Three), the suppression of evidence (Count Four), supervisory liability (Coun t Six), and stigma-plus defamation (Count Eight) are Dismissed; that Plaintiff's claim for emotional distress (Count Ten) is Dismissed; that Defendant Investigator Lester is Dismissed as a defendant; that the Jane/John Does are Dismissed without prejudice; that Tioga County District Attorney's Office is Dismissed as a defendant; that Plaintiff's claims for malicious prosecution under § 1983 and state law (Counts One and Nine) against Senior Investigator Mulvey, Investigator A ndersen, and DA Keene Remain for trial; that Plaintiff's § 1983 fabrication of evidence claim (Count Two) against Senior Investigator Mulvey, Investigator Andersen, DA Keene, and Ms. Thayer Remain for trial; that Plaintiff's § 198 3 conspiracy claim (Count Five) against Senior Investigator Mulvey, DA Keene, and Ms. Thayer Remain for trial; that Plaintiff's § 1983 municipal liability claim (Count Seven) against the County Remains for trial; and that the Clerk of the Court is directed to terminate the pending motion and amend the caption accordingly. Signed by Judge David N. Hurd on 03/23/2023. (hmr)
July 16, 2021 Opinion or Order Filing 81 MEMORANDUM-DECISION and ORDER: that Judge Dancks's Order is Affirmed and that the Clerk is directed to terminate the pending 78 motion. Signed by Judge David N. Hurd on 07/16/2021. (hmr)
August 19, 2019 Opinion or Order Filing 31 MEMORANDUM-DECISION and ORDER - That Defendants Tioga County, Tioga County District Attorney's Office, and Gerald Keene's motion for a more definite statement is DENIED. Defendants Tioga County, Tioga County District Attorney's Office , and Gerald Keene are directed to answer the Complaint or otherwise move in accordance with the Federal Rule of Civil Procedure within twenty (20) days of the date of this Memorandum-Decision and Order. Signed by Judge David N. Hurd on 8/19/2019. (jel, )
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Search for this case: Harris v. Tioga County et al
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Plaintiff: Calvin Harris
Represented By: Bruce A. Barket
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Defendant: Tioga County
Represented By: Patrick B. Naylon
Represented By: Shannon T. O'Connor
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Defendant: Tioga County District Attorney's Office
Represented By: Patrick B. Naylon
Represented By: Shannon T. O'Connor
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Defendant: Gerald Keene
Represented By: Patrick B. Naylon
Represented By: Shannon T. O'Connor
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Defendant: Unidentified Jane/John Doe #1-10 Tioga County Employees
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Defendant: Steven Andersen
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Defendant: SUSAN MULVEY
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Defendant: Unidentified Lester
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Defendant: UNIDENTIFIED JANE/JOHN DOE #11-20 NEW YORK STATE POLICE EMPLOYEES
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Defendant: Barbara Thayer
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