Weinberg et al v. Village of Clayton, New York et al
| Jaime H. Weinberg, Bradford J. Minnick, Thousand Islands Inn Holdings, LLC and Thousand Islands Enterprises, LLC |
| Village of Clayton, New York, Norma Zimmer, Board of Trustees of the Village of Clayton, New York, Bruce Beattie, Beattie Enterprises, LLC, Menter, Rudin & Trivelpiece, PC, Joseph Russell, Richard Ingerson and Edward Fry |
| 5:2017cv00021 |
| January 6, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Jefferson |
| Andrew T. Baxter |
| Brenda K. Sannes |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
140
MEMORANDUM-DECISION AND ORDER: It is ORDERED that Plaintiffs' Motion for Partial Summary Judgment (Dkt. No. 131 ) is GRANTED as to Plaintiffs' Procedural Due Process claim against Defendant Ingerson, and otherwise DENIED. It is further ORD ERED that the Defendants' Motion for Summary Judgment (Dkt. No. 132 ) is GRANTED in part and DENIED in part. It is further ORDERED that the following claims are dismissed with prejudice: 1) Plaintiffs' Equal Protection claim against Defend ant Ingerson; 2) Plaintiffs' claims against Defendant Zimmer; and 3) Plaintiffs' claims regarding the Village Board's meeting rules. It is further ORDERED that the Clerk of the Court shall coordinate with the parties to schedule a trial on the following claims: 1) Procedural Due Process claim against Defendants Ingerson and the Village; and 2) First Amendment Retaliation against Defendant Ingerson. Signed by Senior Judge Norman A. Mordue on 4/29/2021. (nmk)
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Filing
98
ORDER granting in part and denying in part the 81 Motion to Dismiss under Rule 12(b)(6). Plaintiffs' equal protection claim (Count I) contained in the Second Amended Complaint is DISMISSED with prejudice as against Zimmer, Beattie, the Vill age, and the Board (Count I is not dismissed as to Ingerson); Plaintiffs Minnick's and Weinberg's due process claims (Counts II, III, and IV) contained in the Second Amended Complaint are DISMISSED with prejudice and that certain of Plai ntiffs' First Amendment speech suppression and retaliation claims (Count V)i.e., the claims based upon the October 2014 Halloween message, the alleged "threats" from Village attorneys, and a confidentiality provision - are DISMISSED with prejudice. The prayer for punitive damages against the Village and the Board is STRICKEN and Defendant Peter Beattie, as administrator of the estate of Bruce Beattie, is dismissed as a Defendant from this action. Defendants' motion to dismiss (Dkt. No. 81 ) is otherwise DENIED. Signed by Judge Brenda K. Sannes on 11/2/18. (rjb, )
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