Jackson v. Williams et al
| Eric J. Jackson |
| Mark Williams, Donald Cinque, Paul Paladino and Joseph Amerosa |
| 8:2016cv01137 |
| September 19, 2016 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| Franklin |
| Lawrence E. Kahn |
| Christian F. Hummel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
61
DECISION AND ORDERED, that Kushner is REPRIMANDED for failing to comply with L.R. 7.1(b)(3). Signed by Senior Judge Lawrence E. Kahn on April 14, 2020. (sas)
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Filing
59
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion for Summary Judgment (Dkt. No. 52) is GRANTED; and it is further ORDERED, that Plaintiffs attorney, Michael P. Kushner, show cause in writing within twenty days of the date of this Memorandum-Decision and Order as to why he has not violated Local Rule 7.1(b)(3) and should not be sanctioned for any violation of that Rule. Signed by Senior Judge Lawrence E. Kahn on February 26, 2020. (sas)
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Filing
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DECISION AND ORDERED, that the Report-Recommendation (Dkt. No. 8) is ADOPTED in part and REJECTED in part; and it is further ORDERED, that Jacksons third cause of action against Williams in his individual capacity and the Utica Police Department for allowing arrest warrants to be conducted in the residence of a third party is DISMISSED without leave to amend; and it is furtherORDERED, that the following claims are DISMISSED without leave to amend as to the Utica Police Department, but without pr ejudice to giving Jackson an opportunity to amend his Complaint (Dkt. No. 1) to set forth these claims against the proper municipal defendant: (1) Jacksons first cause of action against the Utica Police Department for maintaining a discriminatory pol icy of targeting minority homes (2) Jacksons second cause of action against the Utica Police Department for failing to enact a policy regarding the ethical treatment of animals during the carrying out of arrest warrants; (3) Jacksons fourth cause of action against the Utica Police Department for failing to hire a diverse SWAT team; and (4) Jacksons fifth cause of action against the Utica Police Department for failing to properly train officers to exercise reasonable care in confronting animals; and it is further ORDERED, that all claims against the defendant officers in their official capacities are DISMISSED without leave to amend; and it is further ORDERED, that the following claims are DISMISSED with leave to amend: (1) Jacksons sixth an d seventh causes of action against Cinque for negligent supervision of Amerosa and Paladino, and (2) Jacksons eighth and ninth causes of action against Paladino for unlawful seizure arising from the killing of the dog; and it is further ORDERED, that the following claims against Williams in his individual capacity are DISMISSED with leave to amend: (1) Jacksons first cause of action for maintaining a discriminatory policy of targeting minority homes, (2) Jacksons second cause of action for faili ng to enact a policy regarding the ethical treatment of animals during the carrying out of arrest warrants, (3) Jacksons fourth cause of action for failing to hire a diverse SWAT team, and (4) Jacksons fifth cause of action for failing to properly tr ain officers to exercise reasonable care in confronting animals; and it is further ORDERED, that Jacksons tenth cause of action against Amerosa and Paladino based on excessive force, and Jacksons eighth and ninth causes of action against Amerosa for unlawful seizure arising from the killing of the dog, shall proceed; and it is further ORDERED, that Jacksons claims under the New York State Constitution are DISMISSED without leave to amend; and it is further ORDERED, that Jackson may amend his com plaint within thirty (30) days of this Decision and Order in order to cure the deficiencies identified in the claims dismissed with leave to amend; and it is further ORDERED, that the Clerk of the Court issue summonses and forward them, along with copies of the Complaint (Dkt. No. 1) and General Order 25, to the United States Marshal for service upon Paladino and Amerosa. Signed by Senior Judge Lawrence E. Kahn on March 28, 2017. (Copy served via regular mail)(sas)
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