Allen v. City of New York et al
| Benjamin Allen |
| City of New York, Edward Winski, Brian Byrnes, John Baiera and Does |
| 1:2015cv01918 |
| March 13, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
35
MEMORANDUM AND ORDER granting in part and denying in part 28 Motion to Dismiss. Both motions to dismiss are granted in part and denied in part. Regarding Pesola's lawsuit, all claims are dismissed except for (1) the excessive force claim agai nst defendants Winski and Pesola's Does #3-6 and the related failure to intervene claim against defendant Viviano, and (2) the excessive detention claim against Pesola's Doe #7. Regarding Allen's lawsuit, all claims are dismissed except for the excessive detention claim against Allen's Doe #7. All other claims are dismissed against all other defendants, including the City of New York. (Signed by Judge P. Kevin Castel on 3/30/20116) (spo)
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