Winston v. City of Syracuse et al
Jacqueline Winston |
City of Syracuse and Deborah Somers |
5:2016cv00235 |
February 25, 2016 |
US District Court for the Northern District of New York |
Syracuse Office |
Onondaga |
Andrew T. Baxter |
Thomas J. McAvoy |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
None |
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Filing 23 DECISION & ORDER that for the reasons set forth above, Defts' 10 Motion to Dismiss is granting in part and denying in part. The motion is denied as to pltf's as-applied equal protection claim based on the contention that the City denies r estoration of water services even when a tenant agrees to pay the arrears and the restoration fee, and as to Pltf's as-applied substantive due process claim. The motion is granted in all other respects; and because this decision dismisses many of the claims upon which Pltf's Fed. R. Civ. P. 23, the 6 Motion to Certify Class is based, that motion is DENIED with leave to renew. Signed by Senior Judge Thomas J. McAvoy on 9/8/2016. (see) |
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