Vaughns v. City of New York et al
Kenneth Vaughns |
City of New York and Jane Doe |
1:2017cv03448 |
May 8, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Colleen McMahon |
Prison Condition |
42 U.S.C. ยง 1983 |
Plaintiff |
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Filing 32 MEMORANDUM OPINION AND ORDER. the plaintiff has not pleaded a constitutional deprivation by the Jane Doe officers. Therefore, his Monell claim as currently pleaded must be dismissed. However, the plaintiff has had only one opportunity to file a compl aint in this case and it remains possible that he could amend his complaint to plead sufficient culpability on the part of the Jane Doe Officers. Therefore, the plaintiff's complaint is dismissed without prejudice. The plaintiff shall file any amended complaint by April 13, 2018. SO ORDERED. re: 27 MOTION to Dismiss of Failure to State a Claim filed by City of New York. (Signed by Judge John G. Koeltl on 3/13/2018) (rjm) |
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