Cunningham v. The City of New York et al
| Plaintiff: |
Emir Cunningham |
| Defendant: |
The City of New York, The Commissioner of the New York City Department of Corrections and Warden of Anna M. Kross Correction Center |
| Case Number: |
1:2015cv01266 |
| Filed: |
February 19, 2015 |
| Court: |
US District Court for the Southern District of New York |
| Office: |
Foley Square Office |
| County: |
Queens |
| Presiding Judge: |
Unassigned |
| Nature of Suit: |
Prison Condition |
| Cause of Action: |
42 U.S.C. § 1983 |
| Jury Demanded By: |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
| Date Filed |
Document Text |
| March 28, 2023 |
Filing
140
CLERK'S JUDGMENT re: 139 Memorandum & Opinion in favor of John Does Nos. 1-20, Rose Agro against Emir Cunningham. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 27, 2023, Defendant's motion for summary judgment is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/28/2023) (Attachments: # 1 Appeal Package) (km)
|
| March 27, 2023 |
Filing
139
OPINION AND ORDER: re: 115 MOTION for Summary Judgment filed by Rose Agro. For the above reasons, Defendant's motion for summary judgment is GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 115 and close the case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/27/2023) (ama) Transmission to Orders and Judgments Clerk for processing.
|
| September 28, 2022 |
Filing
136
ORDER granting 122 Letter Motion to Seal. The Court is in receipt of the parties' requests to seal documents in this case, and apologies for the delay in confirming that the documents will remain sealed. The motion to seal is GRANTED nunc pro tunc. (Signed by Judge Andrew L. Carter, Jr on 9/28/2022) (ate)
|
| December 10, 2021 |
Filing
113
ORDER granting 112 Letter Motion for Extension of Time to File. Application GRANTED. (Signed by Judge Andrew L. Carter, Jr on 12/10/2021) (ate)
|
| September 30, 2019 |
Filing
69
OPINION & ORDER re: 49 MOTION to Dismiss the Second Amended Complaint. filed by The City of New York, Rose Agro. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in part. More specifically , Defendants' motion is GRANTED as to Defendant City of New York, as Plaintiff is not asserting a § 1983 claim of municipal liability. In addition, Defendants' motion to dismiss Plaintiff's excessive force claim is DENIED. Defen dants' motion to dismiss Plaintiff's state law claims of assault and battery, intentional and negligent infliction of emotional distress, and negligence is GRANTED. Lastly, because Plaintiff is GRANTED leave to amend his complaint for the limited purpose of specifying the timing of his grievances, Defendants' motion to dismiss the Second Amended Complaint as to Defendant Argo is DENIED as moot. (Signed by Judge Andrew L. Carter, Jr on 9/30/2019) (rj)
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