Zanfardino v. City of New York et al
| Vincent Zanfardino |
| The City of New York, Allyson Meierhans, Ronald Kanner, MD, Allyson Meirerhans, William H. Wilson, Robert T Johnson and The Bronx District Attorneys Office |
| 1:2015cv08829 |
| November 9, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Gregory H. Woods |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
61
MEMORANDUM AND OPINION: Defendants have filed a motion to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. Because prosecutors are protected by the doctrine of absolute immunity under the circumstances alleged in the complaint and because Plaintiff fails to adequately plead the elements of his claims against the other Defendants, that motion is GRANTED. The Court recognizes that Plaintiff's opposition to Defendants' motion raises claims that ar e not pleaded in the second amended complaint, and the Court cannot as a result conclude that a further amendment on the basis of those additional asserted grounds for relief would be futile. Accordingly, the Court grants Plaintiff leave to amend the complaint to address the deficiencies identified in this opinion, with the exception of Plaintiff's false arrest and intentional infliction of emotional distress claims, which are being dismissed with prejudice. Any amended complaint must b e filed no later than 30 days from the date of this order. For the reasons stated above, Defendants' motion to dismiss the second amended complaint is GRANTED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 52. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/3/2017) (anc)
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