Aponte v. City of New York et al
| Felix Aponte |
| City of New York, Cyrus R. Vance, Jr., Ada Perez, Michael Sheahan, Carlton Newton and Jerome Nicolato |
| 1:2014cv03989 |
| May 29, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Franklin |
| Kenneth M. Karas |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
145
CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, October 19, 2023 at 11 :00 a.m. NOTICE OF TELECONFERENC E INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. ( Telephone Conference set for 10/19/2023 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/3/23) (yv) Modified on 10/4/2023 (yv).
|
|
Filing
141
CALENDAR NOTICE, Please take notice that the above captioned action has been scheduled for a status conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, September 13, 2023 at 10:30 a.m. NOTICE OF TELECONFERE NCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749, Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. ( Telephone Conference set for 9/13/2023 at 10:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 8/29/23) (yv)
|
|
Filing
132
ORDER: Accordingly, even after considering Plaintiff's belated Affirmation, the Court concludes that the judgment entered for nominal damages was appropriate. This case remains closed, and the judgment will not be disturbed. The Clerk of Court is requested to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Kenneth M. Karas on 6/4/2020) (jca) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
130
CLERK'S JUDGMENT re: 129 Order,. in favor of Ada Perez, Andrea W. Evans, Anthony G. Ellis, Anthony J. Annucci, Brian Fischer, George B. Alexander, Glenn S. Goord, Lucien J. Leclaire, Mark Mantei, Robert J. Dennison against Felix Aponte. I t is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 27, 2020, Defendants' motion for summary judgment is partially granted, and judgment is entered of nominal damages of $1 to Plainti ff for his detainment between June 6 and June 20, 2008; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 05/27/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) Transmission to Docket Assistant Clerk for processing.
|
|
Filing
128
OPINION & ORDER: re: 115 MOTION for Summary Judgment filed by Anthony G. Ellis, Anthony J. Annucci, Glenn S. Goord, Andrea W. Evans, George B. Alexander, Lucien J. Leclaire, Brian Fischer, Robert J. Dennison. For the foregoing reasons, the Court grants Defendants' Motion for Summary Judgment with respect to Defendants Goord, Leclaire, Dennison, Evans, Alexander, Ellis, and Perez and any false imprisonment claim, but denies it as to liability and qualified immunity for Annucci and Fisch er for Plaintiff's detainment for the period of June 6 to June 20, 2008. Plaintiff is instructed to respond within 30 days of the date of this Opinion & Order with a brief explanation of why he is entitled to more than nominal damages of $1 for his detainment in June 2008. Plaintiff should note that a finding of deprivation of a constitutional right "does not automatically entitle him to a substantial award of damages." Kerman, 374 F.3d at 123. Even where a jury finds that a right to due process may have been infringed, it may "reasonably find that only nominal damages are appropriate where, for example, a plaintiff's testimony as to his injuries lacks objective support or credibility," or even where a pla intiff only suffered"relatively minor physical injuries." Id. at 123. A jury is also "not required to credit [a plaintiff's] subjective representations" of emotional or psychological suffering. Id. at 12324. Therefore, Plaint iff is advised to submit realistic estimates of damages to compensate for "actual injury caused by the denial of his constitutional rights." Randolph v. Metro. Transp. Auth., No. 17-CV-1433, 2019 WL 1567663, at *8 (S.D.N.Y. Apr. 11, 2019) ( emphasis added) (citation and quotation marks omitted). If Plaintiff does not submit his response in a timely fashion, he may receive an award of only $1 in nominal damages. The Clerk of Court is respectfully directed to terminate the pending Motion, (Dkt. No. 115), and mail a copy of this Opinion & Order to Plaintiff.SO ORDERED. (Signed by Judge Kenneth M. Karas on 4/20/2020) (ama)
|
|
Filing
86
OPINION & ORDER: re: 84 MOTION to Dismiss Second Amended Complaint, filed by Anthony G. Ellis, Anthony J. Annucci, Glenn S. Goord, Andrea W. Evans, George B. Alexander, Lucien J. Leclaire, Brian Fischer, Robert J. Dennison. Defendants ' Motion To Dismiss is granted in part and denied in part. Plaintiff's due process and false imprisonment claims for the period between May 2, 2008 and June 20, 2008 may proceed, while all other claims are dismissed. However, because this is the first adjudication of Plaintiff's claims on the merits, the dismissal is without prejudice. If Plaintiff wishes to file an amended complaint, Plaintiff should include within that amended complaint any changes to correct the deficienci es identified in this Opinion that Plaintiff wishes the Court to consider. The amended complaint will replace, not supplement, the original complaint. The amended complaint must contain all of the claims and factual allegations Plaintiff wishes th e Court to consider. The Court will not consider factual allegations contained in supplemental letters, declarations, or memoranda. If Plaintiff fails to abide by the 30-day deadline, this Action will proceed with Plaintiff's due process and false imprisonment claims for the period between May 2, 2008 and June 20, 2008. The Clerk is respectfully directed to terminate the pending Motion, (see Dkt. No. 84), and to mail a copy of this Opinion & Order to Plaintiff, and as further set forth in this order. Motions terminated: 84 MOTION to Dismiss Second Amended Complaint, filed by Anthony G. Ellis, Anthony J. Annucci, Glenn S. Goord, Andrea W. Evans, Lucien J. Leclaire, George B. Alexander, Brian Fischer, Robert J. Dennison. (Signed by Judge Kenneth M. Karas on 2/28/2018) (ap)
|
|
Filing
72
OPINION & ORDER re: 59 MOTION to Dismiss and Local Rule 56.2 Statement, filed by City of New York. Defendants' Motion To Dismiss is granted. However, because this result was dictated in part by deficiencies in Plaintiff's S econd Amended Complaint, Plaintiff will be afforded one last opportunity to amend it within 30 days of the date of this Opinion. The Clerk is respectfully directed to terminate the pending Motion. (See Dkt. No. 59.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/26/16) (yv)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
