Vincent et al v. Winski et al
| Sean Vincent and Lorenzo Serna |
| Edward Winski, Thomas Traynor, The City Of New York, Lisa Waring, John McNamara, Edward Blanco, Vernelly, William Curley, William Grodnick, Thomas Manning, Carbajal, Paul Reres, "John Does 1-10, "Richard Roes 1-10, Michael R. Bloomberg and Raymond W. Kelly |
| 1:2014cv07744 |
| September 24, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S. Broderick |
| Other Civil Rights |
| 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
79
OPINION & ORDER: re: 52 MOTION to Dismiss, filed by The City Of New York, Edward Winski, Paul Reres, Thomas Manning, William Curley, Carbajal, Michael R. Bloomberg, William Grodnick, Thomas Traynor, Edward Blanco, Vernell y, Lisa Waring, John McNamara. For the foregoing reasons, Defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART. Specifically, Defendants' motion to dismiss is GRANTED with respect to all Claims for Relief against Defendant s Blanco, Vernelly, Carbajal, Reres, Bloomberg, Kelly, and the City of New York. In addition, Defendants' motion to dismiss is GRANTED with respect to: (1) Plaintiff's First Claim for Relief for abuse of process as to Defendants Waring, McNamara, Curley, Grodnick, Manning, Winski, and Traynor (the "Remaining Defendants"); and (2) Plaintiff's Sixth Claim for Relief for malicious prosecution as to the Remaining Defendants with respect to the October 15, November 8, an d November 27 charges. Defendants' motion to dismiss is DENIED with respect to: (1) Plaintiff's Second Claim for Relief for false arrest as to the Remaining Defendants with respect only to those arrests in which Plaintiff alleged their pe rsonal involvement; (2) Plaintiff's Third Claim for Relief for failure to intervene as to Defendant Winski; (3) Plaintiff's Fourth Claim for Relief for denial of his fair trial rights as to the Remaining Defendants with respect only to t hose arrests and charges in which Plaintiff alleged their personal involvement; (4) Plaintiff's Fifth Claim for Relief for First Amendment retaliation as to the Remaining Defendants; and (5) Plaintiff's Sixth Claim for Relief for malicio us prosecution as to Defendants Waring and McNamara with respect to the October 26, 2011 arrest and charge. The Clerk of Court is respectfully directed to terminate the open motion at Document 22. The parties are directed to meet and confer with re gard to a Case Management Plan and Scheduling Order related to discovery concerning the claims that have survived, and jointly file that plan and order on or before April 6, 2018. A template for the order is available at http://nysd.uscourts.gov/j udge/Broderick, and as further set forth in this order. Carbajal (New York City Police Officer, Shield "94551"), Raymond W. Kelly ((Former) New York City Police Commissioner), Paul Reres (New York City Police Officer, Shield "1992 4"), The City Of New York, (a municipal entity), Vernelly (New York City Police Officer, Shield "0136"), Edward Blanco (New York City Police Officer, Shield "11035") and Michael R. Bloomberg terminated. (Signed by Judge Vernon S. Broderick on 3/22/2018) (ap)
|
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.
