Zavalidroga v. Madison County et al
| Tomas Zavalidroga |
| Madison County, Madison County Sheriff Dept., Allen Riley, Joshua Paul, Jonathan Nowak, City of Oneida, Oneida City Police Dept., David Meeker, Paul Thompson, Sarah Paul, Robert L. Cowles, M. Burgess, Oneida City Hospital, Anne Kopytowski, John Klish, Nancy Klish, Anthony Eppolito and Lynn M. Mondrick |
| 5:2017cv00117 |
| February 3, 2017 |
| US District Court for the Northern District of New York |
| Syracuse Office |
| Madison |
| Therese Wiley Dancks |
| David N. Hurd |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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DECISION AND ORDER: Based upon a de novo review of the portions of the # 14 Report-Recommendation to which plaintiff objected, the Report-Recommendation of Magistrate Judge Therese Wiley Dancks is accepted in whole. See 28 U.S.C. § 636(b)(1). It is ORDERED that the # 11 Amended Complaint is DISMISSED in its entirety except as to the Fourth, Eighth, and Fourteenth Amendment claims against Riley and Nowak arising out of plaintiff's conditions of confinement in the Madison County Jai l. It is further ORDERED that the claims against Eppolito, Mondrick, Cowles, the Madison County Sheriff's Department, and the Oneida City Police Department are DISMISSED with prejudice. It is further ORDERED that the § 1983 claim for civil conspiracy regarding Margaret Zavalidroga against John and Nancy Kish, Sarah Paul, Burgess, the Oneida City Hospital, Kopytowski, and all other defendants against whom plaintiff intended to assert the claim, is DISMISSED under the Rooker-Feldman doct rine. It is further ORDERED that the § 1983 claims for false arrest or imprisonment and malicious prosecution asserted against unidentified Madison County Sheriff's Department personnel, Burgess, and all other defendants against whom plaint iff intended to assert the claim, is DISMISSED without prejudice. It is further ORDERED that the claims against Madison County and the City of Oneida are DISMISSED with prejudice as to all claims dismissed under the Rooker-Feldman doctrine, and witho ut prejudice as to all claims dismissed under Heck v. Humphrey and claims arising out of plaintiff's conditions of confinement. It is further ORDERED that the claims against Meeker and Thompson are DISMISSED with leave to amend only as to plaint iff's claims arising out of his conditions of confinement. It is further ORDERED that the claims against Joshua Paul are DISMISSED with leave to amend. It is further ORDERED that the exercise of supplemental jurisdiction is declined over plainti ff's state law claims for false arrest or imprisonment, malicious prosecution, conversation, and slander. It is further ORDERED that Plaintiff will have thirty (30) days in which to file an amended complaint, should he choose, as to those claims which are being dismissed with leave to amend. In the event plaintiff submits an amended complaint including those claims which may now proceed and any other claims for which he has been granted leave to amend, the file will be referred back to Magistrate Judge Dancks for review of the amended complaint. Signed by Judge David N. Hurd on 7/6/2017.[Copy served upon pro se plaintiff via regular mail.](mc)
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