Rodriguez v. City of New York et al
| Ernesto Rodriguez |
| City of New York, NYPD Officer Alejandro Rivas, Shield # 7139, NYPD Sergeant Fredy Cruz, Shield # 887 and John Doe NYPD Officers 1-4 |
| 1:2016cv00744 |
| February 1, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine Polk Failla |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
91
OPINION AND ORDER re: 74 MOTION for Partial Summary Judgment: For the foregoing reasons, Defendants' motion for summary judgment is GRANTED on Plaintiff's false arrest claim against Sergeant Cruz and Officers Guzman and Regan; GRANT ED on Plaintiff's malicious prosecution claim against Officer Rivas; DENIED on Plaintiff's malicious prosecution claim against Officer Acosta; GRANTED on Plaintiff's claims for fabrication of evidence and denial of fair trial against O fficer Rivas; DENIED on Plaintiff's claims for fabrication of evidence and denial of a fair trial against Officer Acosta; and GRANTED on Plaintiff's failure to intervene claim against Sergeant Cruz and Officers Guzman and Regan. Finally, su mmary judgment is GRANTED on Plaintiff's claim of municipal liability against the City of New York. Accordingly, three claims remain in this action: a false arrest claim against Officers Acosta and Rivas; a malicious prosecution claim against Of ficer Acosta; and a denial of a fair trial claim against Officer Acosta. The Clerk of Court is directed to terminate the motion at Docket Entry 74 and to terminate Defendant City of New York from the case. It is hereby ORDERED that the parties appear for a conference to set a trial in this matter on Tuesday, April 3, 2018, at 10:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. (City of New York terminated. Status Conference set for 4/3/2018 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 3/5/2018) (jwh)
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