Sloane et al v. Westchester County Police Department et al
| Derek Sloane |
| Joseph A. Kraus, Westchester County Police Department and County of Westchester |
| 1:2006cv05372 |
| July 17, 2006 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Robert P. Patterson |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
98
OPINION AND ORDER: For the foregoing reasons, Plaintiff has failed to establish Defendant Krauss liability for the use of excessive force under Section 1983, or for the state law torts of assault, battery, or intentional or reckless infliction of emotional distress. Judgment shall be entered for Defendant Kraus on all claims. (Signed by Judge Robert P. Patterson on 9/3/2010) Copies Mailed By Chambers. (jpo)
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Filing
71
OPINION AND ORDER: #98941 For the reasons discussed herein, Defendants Motion to Dismiss the Amended Complaint as it pertains to an excessive force claim as to P.O. Kraus is denied. Defendants summary judgment motion also requested dismissal of the c laims against the Westchester County Police Department (Department of Public Safety) and Westchester County because respondeat superior liability does not apply to excessive force, assault, battery or intentional infliction of emotional distress clai ms, and because Plaintiff has presented no proof that those Defendants have a policy or custom of inflicting excessive force against persons being arrested or persons in custody after arrest. Plaintiff's responsive papers do not dispute either o f these arguments. Accordingly, the Defendants' motion is granted as to those claims and they are dismissed. The parties shall file a pre-trial order in accordance with the Court's Individual Rules of Practice by May 26, 2010. Trial is set in this matter for June 7, 2010 at 9:30am. Defendant shall provide a writ for the Court's signature to secure the Plaintiffs appearance on the trial date. (Signed by Judge Robert P. Patterson on 5/11/2010) Copies Mailed By Chambers.(jfe) Modified on 5/13/2010 (ajc).
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