Henry v. Pierce

Henry v. Pierce

Plaintiff:	Christopher A. Henry
Defendant:	Larry A. Davis
Case Number:	1:2011cv00845
Filed:	February 1, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Loretta A. Preska
Nature of Suit:	Prisoner: Prison Condition
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 20, 2019	Filing 118 OPINION & ORDER: For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/20/2019) Copies Mailed By Chambers. (ks)
August 21, 2017	Filing 112 OPINION AND ORDER re: 100 MOTION for Summary Judgment, filed by Pierce. Defendant moves for summary judgment on the ground that Plaintiff failed to comply with Section 50 of New York General Municipal Law. Def.'s Mem. Supp. Summ. J . 7-8. "[I]n a federal court, state notice-of-claim statutes apply to state-law claims." Hardy v. New York City Health & Hosp. Corp., 164 F.3d 789, 793 (2d Cir. 1999) (citing cases) (emphasis in original). Plaintiff stated during his depo sition that he never filed a notice of claim against New York City. Henry Dep. Tr. at 19:24-20:21. Further, Plaintiff's form complaint makes no mention of any notice of claim against the City. Having failed to timely file a notice of claim, any excessive force claim under New York law is dismissed. For the foregoing reasons, Defendant's motion for summary judgment is granted in its entirety. (Signed by Judge Andrew L. Carter, Jr on 8/21/2017) (ras) Modified on 8/21/2017 (ras).

Date Filed

Document Text

March 20, 2019

Filing 118 OPINION & ORDER: For the foregoing reasons, Plaintiff's motion for reconsideration is DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/20/2019) Copies Mailed By Chambers. (ks)

August 21, 2017

Filing 112 OPINION AND ORDER re: 100 MOTION for Summary Judgment, filed by Pierce. Defendant moves for summary judgment on the ground that Plaintiff failed to comply with Section 50 of New York General Municipal Law. Def.'s Mem. Supp. Summ. J . 7-8. "[I]n a federal court, state notice-of-claim statutes apply to state-law claims." Hardy v. New York City Health & Hosp. Corp., 164 F.3d 789, 793 (2d Cir. 1999) (citing cases) (emphasis in original). Plaintiff stated during his depo sition that he never filed a notice of claim against New York City. Henry Dep. Tr. at 19:24-20:21. Further, Plaintiff's form complaint makes no mention of any notice of claim against the City. Having failed to timely file a notice of claim, any excessive force claim under New York law is dismissed. For the foregoing reasons, Defendant's motion for summary judgment is granted in its entirety. (Signed by Judge Andrew L. Carter, Jr on 8/21/2017) (ras) Modified on 8/21/2017 (ras).

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Plaintiff: Christopher A. Henry
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Defendant: Larry A. Davis
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