Bush et al v. City of Utica, New York et al
| Nicole Bush, Michele L. Crane, Connie Drake and Sharon Marie Hamilton |
| City of Utica, New York, City of Utica Fire Department and Russell Brooks |
| 6:2012cv01444 |
| September 19, 2012 |
| US District Court for the Northern District of New York |
| Utica Office |
| Oneida |
| Andrew T. Baxter |
| David N. Hurd |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| Document Text |
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Filing
67
MEMORANDUM-DECISION & ORDER that defts' 41 Motion for Summary Judgment is DENIED; and the official-capacity claim against Chief Brooks is DISMISSED as duplicative of the claim against the City. Signed by Judge David N. Hurd on 5/31/2016. (see)
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Filing
20
MEMORANDUM-DECISION & ORDER granting in part and denying in part 8 Motion to Dismiss for Failure to State a Claim; The state claims (Fifth, Sixth, Seventh, and Eighth Causes of Action) are DISMISSED with prejudice against all plaintiffs; The feder al substantive due process claim (First Cause of Action) is DISMISSED with prejudice against all plaintiffs; The federal claims asserted by plaintiff Sharon Marie Hamilton (Second, Third, and Fourth Causes of Action) are DISMISSED without prejudice; The federal equal protection, Monell, and attorneys' fees claims (Second, Third, and Fourth Causes of Action) asserted by plaintiffs Bush, Crane, and Drake against defendants City of Utica, New York, and Russell Brooks remain; and Defendants sha ll file an answer to the Second, Third, and Fourth Causes of Action on or before June 21, 2013. The Clerk of the Court is directed to remove the defendant City of Utica Fire Department and plaintiff Sharon Marie Hamilton from the caption, and these parties' names shall not be included in future submissions. Signed by Judge David N. Hurd on 6/4/2013. (see)
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