Hershey v. Goldstein et al
| Richard Hershey |
| Richard Roes, Cruz, John Does, Matthew Goldstein, Ricardo R. Fernandez, Domenick A. Laperuta, Vincent Zucchetto, Esdras Tulier, Edwin Freytes, Irizariz and Gallan |
| 1:2012cv03853 |
| May 15, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Paul A. Engelmayer |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
29
OPINION & ORDER: re 16 MOTION to Dismiss the Amended Complaint. filed by Vincent Zucchetto, Esdras Tulier, Gallan, Domenick A. Laperuta, Cruz, Edwin Freytes, Matthew Goldstein, Ricardo R. Fernandez, Irizariz. For the reasons stated above, t he motion to dismiss is granted in part and denied in part. All of Hershey's claims arising out of his on-campus leafleting activity are dismissed. As to the off-campus leafleting activity, Hershey's § 1983 claims for violations of hi s First and Fourth Amendment rights, as well as his claims for false arrest and false imprisonment, and excessive force and assault and battery, survive as against defendants Cruz, Freytes, Gallan, Irizariz, and Laperuta, but are dismissed as to defe ndants Goldstein, Fernandez, Tulier, Zucchetto, John Does, and Richard Roes. Hershey's remaining claims for abuse of process and malicious prosecution, negligence, and constitutional tort are dismissed in their entirety. The Clerk of Court is instructed to terminate the motion pending at docket entry number 16. A pretrial conference in this matter is scheduled for April 30, 2013, at 4:00 p.m. (Signed by Judge Paul A. Engelmayer on 4/9/2013) (djc) Modified on 4/9/2013 (djc).
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