Poulos v. City of New York et al
| Tyson Poulos |
| City of New York, New York City Police Department, New York City Department of Correction, William Bratton, Joseph Ponte, Jamel Brown, Juana Ortiz, Gordon, Jerrick, Thompson, John Doe and Christopher McFadden |
| 1:2014cv03023 |
| April 29, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Laura Taylor Swain |
| Prisoner: Prison Condition |
| 29 U.S.C. ยง 0794 Job Discrimination (Handicap) |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
110
ORDER for 109 Report and Recommendations. The Court has reviewed carefully Magistrate Judge Moses' thorough and well-reasoned Report and finds no clear error. The Court therefore adopts the Report in its entirety for the reasons stated therein. The Clerk of Court is respectfully requested to enter judgment accordingly and close this case. This Order resolves docket entry no. 103.(As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 8/6/2018) (cf)
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Filing
70
MEMORANDUM OPINION AND ORDER re: 52 MOTION for Default Judgment as to Defendant Christopher McFadden filed by Tyson Poulos. For the reasons stated above, the Court grants Plaintiff's motion for a default judgment against McFadd en insofar as it seeks a finding of liability. An inquest into damages will be conducted in connection with the trial of this action. This Memorandum Opinion and Order resolves Docket Entry Number 52. The next conference in this case will be held on January 29, 2016, at 11:00 a.m. (As further set forth in this Order.) (Status Conference set for 1/29/2016 at 11:00 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 1/19/2016) (kko)
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Filing
60
MEMORANDUM OPINION AND ORDER re: 17 FIRST MOTION to Dismiss . filed by Joseph Ponte, Jerrick, Thompson, William Bratton, City of New York. For the reasons stated above, the Moving Defendants' motion to dismiss is granted ins ofar as it seeks the dismissal of: (1) Plaintiff's Section 1983 municipal liability claim as against the City insofar as it is based on action by the NYPD and its employees; (2) all claims as against Commissioner Bratton; (3) all claims as again st Commissioner Ponte, without prejudice as to the litigation against the City; (4) all 1985 and 1986 conspiracy claims as against the Moving Defendants; and (5) Plaintiff's intentional and negligent infliction of emotional distress claims as ag ainst the Moving Defendants. Moving Defendants' motion to dismiss is denied in all other respects. Plaintiff is permitted to make a motion for leave to file a Second Amended Complaint addressing the deficiencies in his dismissed claims. Any such motion must be filed by October 23, 2015, must be accompanied by the proposed amended complaint, and will be briefed in accordance with S.D.N.Y. Local Civil Rule 6.1 Courtesy copies of all papers must be provided for Chambers at the time of filing. The initial pretrial conference in this case is scheduled for October 30, 2015, at 10:15 a.m. The parties must consult with each other and make a joint submission in advance of the conference in accordance with the Initial Conference Order (docket en try no. 7). This Memorandum Opinion and Order resolves docket entry no. 17. SO ORDERED. (As further set forth within this Opinion.) (Motions due by 10/23/2015. Initial Conference set for 10/30/2015 at 10:15 AM before Judge Laura Taylor Swain.) Wi lliam Bratton (New York City Police Department in his official capacity) and Joseph Ponte (New York City Department of Correction in his official capacity) terminated. (Signed by Judge Laura Taylor Swain on 9/29/2015) (ajs) Modified on 9/29/2015 (ajs).
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Filing
51
MEMORANDUM OPINION AND ORDER re: 43 MOTION for Default Judgment as to Police Officer Jamel Brown. filed by Tyson Poulos. For the reasons stated above, the Court grants Plaintiff's motion for a default judgment against Brown inso far as it seeks a finding of liability with respect to Plaintiff's excessive use of force and deliberate indifference to medical needs claims. The Court denies Plaintiff's motion as to liability in all other respects. An inquest into damages will be conducted in connection with the trial of this action. This Memorandum Opinion and Order resolves Docket Entry Number 43. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Laura Taylor Swain on 6/17/2015) (ajs)
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