Williams v. The City of New York et al
Shon Williams |
The City of New York, New York City Police Department, Raymond Kelly and John Does #1-20 |
1:2014cv05123 |
July 9, 2014 |
US District Court for the Southern District of New York |
Foley Square Office |
Bronx |
Naomi Reice Buchwald |
Other Civil Rights |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 20 ORDER. Defendants' so-called motion for reconsideration is DENIED. IT IS SO ORDERED. Denying 14 MOTION for Reconsideration re; 13 Order on Motion to Dismiss filed by The City of New York. (Signed by Judge Naomi Reice Buchwald on 9/3/2015) Copies Mailed By Chambers. (rjm). |
Filing 13 MEMORANDUM AND ORDER. The motion to dismiss (ECF No. 7) is granted in part and denied in part, with the following claims dismissed: All claims sounding in malicious prosecution are dismissed for failure to plead initiation or lack of probable cause. All federal constitutional claims against the City are dismissed for failure to plead a policy or custom. All claims against Kelly in his individual capacity are dismissed for failure to plead Kelly's personal involvement. All claims against Kel ly in his official capacity are dismissed because Kelly was not the Police Commissioner on the date of the Complaint, because plaintiff does not seek injunctive relief, and because any official claim against the current Commissioner would be redundan t of a similar claim against the City. All claims against the NYPD are dismissed because the NYPD is not a suable entity, and as further set forth in this Memorandum and Order. Granting in part and denying in part 7 Motion to Dismiss. (Signed by Judge Naomi Reice Buchwald on 7/21/2015) Copies Mailed By Chambers. (rjm) |
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