Keith v. The City of New York et al
Plaintiff: Richard Keith
Defendant: Police Officers Jane Does, Jarret Brown, Police Officers John Does and The City of New York
Case Number: 1:2011cv03577
Filed: May 25, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: William H. Pauley
Nature of Suit: Other Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
December 1, 2014 Opinion or Order Filing 85 OPINION AND ORDER re: 73 MOTION for Summary Judgment filed by Elizabeth Murray, The City of New York, Sarah Mathers, Jarret Brown, Evelyn Guitierrez, Francis Morrissey: In resolving this motion, the Court does not mean to minimiz e the disruptions - personal, professional, and social - occasioned by Plaintiff's arrest. The fact remains, however, that a conceded victim of a brutal assault twice identified Plaintiff as the perpetrator of that assault, and on the record before this Court, the NYPD was permitted to rely on that identification. For all these reasons, Defendants' motion for summary judgment is GRANTED in part and DENIED in part. Specifically, Defendants' motion for summary judgment as to Plaintiff's federal and state false arrest claims is granted, as to Plaintiff's federal and state malicious prosecution claims is granted, and as to Plaintiff's federal denial of fair trial claim is granted. These claims are accordin gly dismissed with prejudice. Defendants' motion for summary judgment as to Plaintiff's state law failure to intervene and respondeat superior claims is granted as to the individual Defendants and denied as to the City of New York. However , the Court declines to exercise supplemental jurisdiction over these remaining state law claims. Accordingly, Plaintiff's failure to intervene and respondeat superior claims against the City of New York are dismissed without prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 12/1/2014) (tn)
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Defendant: Police Officers Jane Does
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Defendant: Jarret Brown
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Defendant: Police Officers John Does
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Defendant: The City of New York
Represented By: Barry K. Myrvold
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Plaintiff: Richard Keith
Represented By: David A. Zelman
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