Shakhnes et al v. Robert Doar et al

Shakhnes et al v. Robert Doar et al

Case Number:	1:2006cv04778
Filed:	June 21, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Richard J. Holwell
Nature of Suit:	Civil Rights: Welfare
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
September 30, 2010	Filing 132 MEMORANDUM OPINION AND ORDER For the foregoing reasons the motions to dismiss in both Shakhnes and Menking are denied as to the 90 day claims. (06-cv-04778 84; 09-cv-04103 12 Motion to Dismiss.) The State defendants motion to dismiss in Shakhnes is g ranted in part: the notice and inadequate supervision claims against State defendants are dismissed without prejudice. Additionally in the Shakhnes action. Plaintiffs' motion and class certification 93 is granted and the following class is certi fied pursuant to Fed.R.Civ.P. 23(b)(2). City defendants motion for summary judgment 86 is denied. (3) Plaintiffs motion for partial summary judgment 88 is granted as against the State defendants and denied as against the City. In lieu of entering an order providing for specific injunctive and remedial relief, the Court directs the parties to submit, within twenty (20) days of the filing of this opinion, letter briefs addressing (a) the appropriate injunctive, declaratory and remedial measures consistent with this opinion, and (b) whether an evidentiary hearing is needed to resolve factual issues related to (a). (Signed by Judge Richard J. Holwell on 9/30/10) (djc) (Entered: 10/01/2010); (djc)

Date Filed

Document Text

September 30, 2010

Filing 132 MEMORANDUM OPINION AND ORDER For the foregoing reasons the motions to dismiss in both Shakhnes and Menking are denied as to the 90 day claims. (06-cv-04778 84; 09-cv-04103 12 Motion to Dismiss.) The State defendants motion to dismiss in Shakhnes is g ranted in part: the notice and inadequate supervision claims against State defendants are dismissed without prejudice. Additionally in the Shakhnes action. Plaintiffs' motion and class certification 93 is granted and the following class is certi fied pursuant to Fed.R.Civ.P. 23(b)(2). City defendants motion for summary judgment 86 is denied. (3) Plaintiffs motion for partial summary judgment 88 is granted as against the State defendants and denied as against the City. In lieu of entering an order providing for specific injunctive and remedial relief, the Court directs the parties to submit, within twenty (20) days of the filing of this opinion, letter briefs addressing (a) the appropriate injunctive, declaratory and remedial measures consistent with this opinion, and (b) whether an evidentiary hearing is needed to resolve factual issues related to (a). (Signed by Judge Richard J. Holwell on 9/30/10) (djc) (Entered: 10/01/2010); (djc)

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