Livingston v. Henderson, et al
| Richard H. Livingston |
| Scott Henderson, Sean Ryan, Jeffrey Ballagh and City of Syracuse, New York |
| 7:2015cv00631 |
| May 22, 2015 |
| US District Court for the Northern District of New York |
| Watertown Office |
| Jefferson |
| Therese Wiley Dancks |
| David N. Hurd |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
130
JUDGMENT: In favor of City of Syracuse, New York, Jeffrey Ballagh, Scott Henderson, and Sean Ryan against Richard H. Livingston. IT IS ORDERED AND ADJUDGED that Defendants' motion for summary judgment (Dkt. No. 115 ) is GRANTED as follows: ( 1) Plaintiff's § 1983 claims excessive force claims against Defendants Henderson and the City of Syracuse are DISMISSED as a matter of law for failure to state a claim upon which relief may be granted; (2) Plaintiff's remaining § ;§ 1983 and 1985(3) claims against Defendants Henderson, Ryan, Ballagh, and the City of Syracuse are DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey; 512 U.S. 477 (1994); and (3) the Court declines to exercise supplemental jurisdict ion and Plaintiff's state law claims are DISMISSED WITHOUT PREJUDICE and subject to refiling in state court; and it is further ORDERED that Plaintiff's Amended Complaint (Dkt. No. 67 ) is DISMISSED IN ITS ENTIRETY; and it is further ORDE RED that the Clerk shall provide Plaintiff with a copy of this Decision and Order, along with copies of the unpublished decisions cited herein in accordance with Lebron v. Sanders, 557 F.3d 76 (2d Cir. 2008) (per curiam); and it is further ORDERED that the Clerk of the Court shall entered judgment in Defendants' favor and close this case. All of the above pursuant to the order of the Honorable Therese W. Dancks, dated this 29th day of March, 2019. {Copy served via regular mail on the pro se plaintiff at Great Meadow Correctional Facility, Box 51, Comstock, NY 12821}. (rep)
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Filing
128
DECISION & ORDER: for the reasons stated herein, Plaintiff's 126 Motion to Consolidate Cases is in all respects denied. Signed by Magistrate Judge Therese Wiley Dancks on 10/31/2018. (A copy of this Decision & Order has been served on pro se party(ies) via regular mail.) (sg)
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