Blount v. Puskas et al
| Kelly Blount |
| William Puskas, Mark Moccia, Stewart A. Lieber, Valentin, Bhoj, Jason Korpolinski, Wilson Quiles, Eddie Rios, O'Rourke, Regnier, Laliberte, Martinez, Robert T. Johnson, Sean Marynes, Bronx County 47th Precinct and The City of New York |
| 1:2016cv04505 |
| June 15, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Dutchess |
| Colleen McMahon |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
88
OPINION AND ORDER: re: 56 MOTION to Dismiss Second Amended Complaint filed by Stewart A. Lieber, Mark Moccia, Michael Gee, Jason Korpolinski, William Puskas, Robert T. Johnson, The City of New York, Sean Marynes, Robert Regnier, BHOJ Lieuten ant. For the reasons stated above, Defendants' motion to dismiss is GRANTED in its entirety: All of Plaintiff's claims against the D.A. Defendants are dismissed with prejudice to the extent they are based on those defendants' prosecuto rial functions, i.e. the decision to prosecute Plaintiff, the presentation or withholding of evidence in grand jury and court proceedings, and any speedy trial violations. Plaintiff's malicious prosecution claim against the NYPD Defendants is di smissed without prejudice. Plaintiff's due process claim against the NYPD Defendants is dismissed without prejudice. Plaintiff's Eighth Amendment claim against the NYPD Defendants is dismissed with prejudice. Plaintiff's Monell claim a gainst the City of New York is dismissed without prejudice. Plaintiff's state law claims against the NYPD Defendants and the City of New York for intentional infliction of emotional distress and respondent superior liability are dismissed withou t prejudice. 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 third amended complaint within 30 days, this action will b e dismissed and judgment will enter. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v . United States, 369 U.S. 438, 444-45 (1962). The Court requests that counsel for Defendants provide Plaintiff with copies of unpublished cases cited in this decision pursuant to Local Rule of the United States District Courts for the Southern and Eastern Districts of New York 7.2. The Clerk of Court is directed to terminate the motion pending at ECF No. 56 and to mail a copy of this order to Plaintiff by certified mail. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/21/2017) (ama)
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