Johnson v. City of New York et al
| Millicent Johnson |
| City of New York, New York City Police Department and John Doe and Jane Doe 1-10 |
| 1:2015cv08195 |
| October 18, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H. Woods |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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Filing
42
OPINION AND ORDER re: 37 MOTION Affirmation in Opposition. filed by Millicent Johnson, 31 FIRST MOTION to Dismiss the Amended Complaint filed by Marisa Valle-Zarakas, New York City Police Department, Anthony Pasquar iello, City of New York., Plaintiff brings this suit under 42 U.S.C. § 1983 and state law against the City of New York, the New York City Police Department ("NYPD"), the NYPD Fugitive Warrant Division, two named NYPD officers, and ten unnamed NYPD officers. She has not named any North Carolina or Fort Bragg officials as defendants. (As further set forth in this Order.) For the reasons stated above, Defendants' motion to dismiss is GRANTED in its entirety. Plaintiff� 39;s claims against the NYPD and the NYPD Fugitive Warrant Division are dismissed with prejudice. All of Plaintiff's state-law claims against Defendants Anthony Pasquariello, Marisa Valle-Sarakas, and Police Officers "John Doe" and "Jane Doe" 1-10 are dismissed with prejudice. Plaintiff's federal claims for false arrest on July 22, 2014 and August 7, 2014 are dismissed with prejudice. Plaintiff's federal claim for false arrest on October 9, 2014 is dismiss ed without prejudice. Plaintiff's federal claims for unreasonably prolonged detention between (1) July 22, 2014 and August 7, 2014 and (2) August 7, 2014 and August 28, 2014 are dismissed without prejudice. Plaintiff's federal claims for excessive force, malicious prosecution, malicious abuse of process, and municipal liability pursuant to Monell are dismissed without prejudice. Plaintiff's state-law claim for municipal respondeat superior liability is dismissed without prej udice. Plaintiff is granted leave to replead those claims that have been dismissed without prejudice no later than 30 days following the date of this order. If Plaintiff fails to file a second amended complaint within 30 days, this action will be dismissed and judgment will enter. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 31 and 37. New York City Police Department terminated. (Signed by Judge Gregory H. Woods on 5/26/2017) (cf)
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