Rissetto et al v. County of Clinton et al
| Paul J. Rissetto and Rachel M. Rissetto |
| County of Clinton, Legislature of the County of Clinton, Sheriff's Department of the County of Clinton, David Favro, Robert Craig, Michael Reid, William Favreau, Joey Upton, Clinton Essex Warren Washington Board of Cooperative Educational Services, Teresa Calabrese Gray, Ronald Clamser and Mark Davey |
| 8:2015cv00720 |
| June 11, 2015 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| Clinton |
| Christian F. Hummel |
| Glenn T. Suddaby |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
152
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 138 Motion for Summary Judgment. ORDERED, that defendants Motion for Summary Judgment, Dkt. No. 138, is GRANTED in part, insofar as plaintiffs following claims are dismissed: Four th Amendment, tortious interference with contract, common law defamation, New York Civil Service Law § 75-b, and Mrs. Rissettos loss of consortium claim, and it is further ORDERED, that defendants Motion for Summary Judgement, Dkt. No. 138, isDENIED in part, with respect to plaintiff Rachel Rissettos First Amendment claim, and Mr. Rissettos loss of consortium claim. IT IS SO ORDERED by Magistrate Judge Christian F. Hummel on 7/25/2018. (tab)
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Filing
127
MEMORANDUM-DECISION & ORDER: It is Ordered that the # 87 Motion to Amend/Correct and the # 119 Motion leave to Amend the Complaint are GRANTED. It is Ordered that, within five (5) days of the date of entry of this Memorandum-Decision and Order, p laintiffs must file an amended complaint that reflects the changes allowed by this Memorandum-Decision and Order insofar as this Court has permitted removal of the County Defendants, addition of the BOCES defendants to certain causes of action, and a ddition of the New York Civil Service Law §75-b claim, but makes no additional changes to the proposed amended complaint filed at Dkt. No. 87. It is Ordered that once plaintiffs file the updated amended complaint, the Clerk of the Court is direc ted to create a new docket entry for the amended complaint. It is further Ordered that once plaintiffs have filed the updated amended complaint, defendants must respond to the amended complaint, within the time frame set forth within the Federal Rules of Civil Procedure. Signed by Magistrate Judge Christian F. Hummel on 9/27/2017. (jmb)
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Filing
59
DECISION AND ORDER granting in part and denying in part Defendants' respective motions to dismiss Plaintiff's Complaint (Dkt. Nos. # 23 , 24 and 32 ). Plaintiffs' Complaint is dismissed in its entirety as to the Clinton County Sheri ff's Department. Plaintiffs' Second Cause of Action is dismissed with respect to Mr. Rissetto's First Amendment retaliation and procedural due process claims. Plaintiffs' Third Cause of Action is dismissed as to Defendants Favro, Craig, Reid, and Upton. Plaintiffs' Fourth Cause of Action is dismissed as to Defendants Favro, Craig, Reid, and Upton. Plaintiffs' Fifth Cause of Action is dismissed as to Defendant Favreau. Plaintiffs' Seventh, Eleventh, Twelfth, Thi rteenth, Fourteenth, Seventeenth, Eighteenth, and Nineteenth Causes of Action are dismissed in their entirety. SURVIVING Defendants' motions to dismiss are the following nine Causes of Action: (1) Plaintiffs' First Cause of Action; (2) Plai ntiffs' Second Cause of Action to the extent that it asserts a claim of unreasonable search and seizure pursuant to 42 U.S.C. §1983 and the Fourth Amendment on behalf of Mr. Rissetto; (3) Plaintiffs' Third Cause of Action to the extent that it is asserted against Defendant Clinton County; (4) Plaintiffs' Fourth Cause of Action to the extent that it is asserted against Defendant Clinton County; (5) Plaintiffs' Fifth Cause of Action to the extent that it is asserted agains t Defendants Clinton County, the Clinton County Legislature, and Favro; (6) Plaintiffs' Sixth Cause of Action; (7) Plaintiffs' Eighth Cause of Action; (8) Plaintiffs' Ninth Cause of Action; (9) Plaintiffs' Tenth Cause of Action; ( 10) Plaintiffs' Fifteenth Cause of Action; (11) Plaintiffs' Sixteenth Cause of Action; (12) Plaintiffs' Twentieth Cause of Action; and (13) Plaintiffs' Twenty-First Cause of Action. Defendants are directed to file an answer to Pla intiffs' Complaint within 14 days of the date of this Decision and Order pursuant to Fed. R. Civ. P. 12(a)(4)(A). This case is referred back to Magistrate Judge Hummel for a Rule 16 conference and the scheduling of pretrial deadlines. Signed by Chief Judge Glenn T. Suddaby on 8/29/16. (lmw)
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