Bradshaw v. The City of New York et al
| Jay Bradshaw |
| The City of New York, Hernandez, Bailey, Latanya Brown and Alphonse |
| 1:2017cv01199 |
| February 16, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
62
OPINION & ORDER: re: 47 MOTION for Summary Judgment, filed by The City of New York, Alphonse, Hernandez, Bailey, Latanya Brown. For the reasons set forth above, defendants' motion for partial summary judgment (Dkt. No. 47 ) is GRANTED, except DENIED as to the state law claim of assault and battery against Officer Alphonse. Bradshaw's claims against the City of New York, and his claims against the individual defendants for denial of medical care, violation of t he Equal Protection Clause, negligence, wrongful confinement and intentional infliction of emotional distress are dismissed. Bradshaw's following claims survive for trial: (1) failure to intervene under 42 U.S.C. § 1983 against Officer He rnandez; (2) excessive force under 42 U.S.C. § 1983 against Officer Alphonse; and (3) assault and battery under New York law against Officer Alphonse. The Joint Pretrial Order is due by December 29, 2017. The Court will hold the final pretrial conference on January 4, 2018 at 11A.M. in courtroom 20D, 500 Pearl Street. Defense counsel is to make the necessary arrangements with the prison for Mr. Bradshaw to appear telephonically by calling 212-805-0036 at the time of the conference. Couns el shall come to the conference with available dates for trial in January, likely the week of January 15 or January 29, 2018, and as further set forth in this order. (Pretrial Order due by 12/29/2017. Final Pretrial Conference set for 1/4/2018 a t 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck.), Motions terminated: 47 MOTION for Summary Judgment, filed by The City of New York, Alphonse, Hernandez, Bailey, Latany a Brown, Latanya Brown (Shield #821, Individually and as a Member of the New York City Department of Correction), The City of New York, Bailey (Individually and as a Member of the New York City Department of Correction) and Jay Bradshaw terminated. (Signed by Magistrate Judge Andrew J. Peck on 12/7/2017) Copies Mailed by Chambers. (ap)
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