Rosado v. Lee County State Attorney et al
||Lee County State Attorney, Goshen Village Hall, FBI Bureau-Investigation, Ryan W. Rich, Robert Nichols, Robert Foley, Michael Howard, David Kadela, Jane Doe and John Does 1-2
||January 18, 2017
||US District Court for the Southern District of New York
||Foley Square Office
|Nature of Suit:
||Other Civil Rights
|Cause of Action:
|Jury Demanded By:
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|March 27, 2019
OPINION & ORDER re: 91 MOTION to Dismiss Amended Complaint. filed by Robert Nichols, 79 MOTION to Dismiss Amended Complaint filed by Ryan W. Rich, Village of Goshen, 88 MOTION to Dismiss the Amended Complai nt filed by John Farell, Robert Foley, Michael Castner, Michael Howard, Jillian Guerrera. For the foregoing reasons, Defendants' motions to dismiss Plaintiffs Amended Complaint is GRANTED in part and DENIED in part. All claims asser ted against Defendants the Village of Goshen, Sergeant Ryan W. Rich, Michael Howard, Jillian Guererra, Michael Castner and John Farrell are dismissed. All claims against Robert Nichols and Robert Foley for use of excessive force are dismissed. Defe ndants' motion to dismiss Plaintiff's claim under the Fourth Amendment for false imprisonment is denied. The Clerk of the Court is respectfully directed to terminate the motions at ECF Nos. 79, 88 and 91, to mail a copy of this Opinion and Order to Plaintiff and to show proof of service on the docket. The remaining Defendants Nichols and Foley are directed to file an answer within twenty five days of this Opinion. The parties are directed to confer, complete and submit a case m anagement plan (blank form attached hereto) within two weeks of filing the answer(s). SO ORDERED. (Jillian Guerrera, Michael Howard, Ryan W. Rich, Village of Goshen, Michael Castner and John Farell terminated.) (Signed by Judge Nelson Stephen Roman on 3/27/2019) (anc) Transmission to Docket Assistant Clerk for processing.
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