Bowers et al v. Kelly et al
| Daquan Bowers |
| Raymond Kelly, Neil Fenton, Andrew Wilson, Henry Daverin and O'Brien |
| 1:2013cv06265 |
| September 5, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Lorna G. Schofield |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
54
OPINION AND ORDER re: 46 MOTION to Dismiss the First Amended Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. filed by Raymond Kelly. For the foregoing reasons, Kelly's motion to dismiss is GRANTED. Furthermore, Defendant Fenton is DISMISSED as a party in this action. The claims of unlawful stop and search of the vehicle, unlawful search of Plaintiff, false arrest, malicious prosecution, violations of Brady v. Maryland, denial of fair trial a nd conspiracy are barred for the reasons set forth above as to the Defendants who have not yet been served. The Clerk of Court is respectfully directed to terminate Defendants Kelly and Fenton as parties in this action and to close the motion at Docket No. 46. The Clerk is further directed to mail a copy of this Opinion and Order to Plaintiff. (Signed by Judge Lorna G. Schofield on 5/4/2015) (kgo)
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