Dunbar v. Onondaga County et al
| Naaron Dunbar |
| Onondaga County, Joseph Moran and Chad Picotte |
| 8:2019cv00524 |
| May 2, 2019 |
| US District Court for the Northern District of New York |
| Christian F Hummel |
| Lawrence E Kahn |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 6
ORDERED, that the following claims are DISMISSED without prejudice pursuant to Heck v. Humphrey: false arrest, false imprisonment, malicious prosecution, and violation of due process; and it is further ORDERED, that Plaintiffs Fourth Amendment excessive force claim SURVIVES initial review; and it is further ORDERED, that insofar as Plaintiff seeks to bring claims against Defendants in their official capacities, such claims are DISMISSED with prejudice; and it is further ORDERED, that Plaintiffs claim against Onondaga County is DISMISSED without prejudice; and it is further ORDERED, that Plaintiff is granted an opportunity to file an amended complaint within thirty days from the date of this Order to assert facts supporting a Monell claim against Onondaga County. If Plaintiff does not file an amended complaint within that thirty-day period, the Clerk of Court is to return this case to the Magistrate Judge for service of the original complaint and summonses Signed by Senior Judge Lawrence E. Kahn on May 29, 2019. (Copy served via regular mail)(sas)
|
|
Filing 5
REPORT-RECOMMENDATION & ORDER re #1 Complaint filed by Naaron Dunbar. ORDERED that pltf's #2 MOTION for Leave to Proceed in forma pauperis is GRANTED; that the following claims be DISMISSED without prejudice pursuant to Heck v. Humphrey: False arrest, false imprisonment, malicious prosecution, and due process; RECOMMENDED that pltf's Fourth Amendment excessive force claim proceed; RECOMMENDED that, insofar as pltf seeks to bring claims against individual defts in their official capacities, such claims be DISMISSED with prejudice; RECOMMENDED that pltf's complaint be DISMISSED as against Onondaga County, but that the dismissal be without prejudice and with opportunity to amend should pltf be able to demonstrate a Monell claim against Onondaga County; and RECOMMENDED that, if the District Judge permits pltf an opportunity to amend his complaint, pltf be given 30 days from the date of the District Judge's Order adopting this Report-Recommendation & Order to file an amended complaint, and if pltf does not file an amended complaint within 30 day time period, the Clerk of the Court is to return this case to the Magistrate Judge for service of the original complaint and summonses. ( Objections to R&R due by 5/24/2019, Case Review Deadline 5/28/2019) Signed by Magistrate Judge Christian F. Hummel on 5/7/2018. (Attachments: #1 Unpublished cases)(Copy served upon Naaron Dunbar via regular mail on 5/7/2019 with unpublished cases)(see)
|
|
Filing 4
INMATE AUTHORIZATION FORM by Naaron Dunbar. (rar, )
|
|
Filing 3
Prisoner Trust Fund Account Statement by Naaron Dunbar. (rar, )
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis filed by Naaron Dunbar. (rar, )
|
|
Filing 1
COMPLAINT against Joseph Moran, Onondaga County, Chad Picotte filed by Naaron Dunbar. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 envelope) (rar)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
