Sullivan v. The City of New York et al
Sean Sullivan |
The City of New York, Baserap, Rittenhouse and Police Officers John Doe #2,3 and 4 |
1:2017cv03779 |
May 18, 2017 |
US District Court for the Southern District of New York |
Foley Square Office |
Katherine Polk Failla |
Other Civil Rights |
42 U.S.C. ยง 1983 |
None |
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Filing 45 OPINION AND ORDER re: 32 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6): For the reasons stated above, Defendants' motion to dismiss is DENIED IN PART and GRANTED IN PART. Plaintiff's false-arrest, unreasonable-search- and-seizure, and failure-to-intervene claims survive as to Officers Baserap and Rittenhouse, and his New York State constitutional-tort claim under Article I, Section 12 survives as to the City of New York. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed t o terminate Docket Entry 32. The parties are hereby ORDERED to submit a joint status letter and a proposed case management plan, on or before August 10, 2018, that comply with the Court's Notice of the Initial Pretrial Conference. If in light of Plaintiff's pro se status, the parties are unable to confer and file a joint letter and proposed case management plan, Moving Defendants are directed to file the documents separately. Plaintiff may, but is not required, to file his own letter and proposed case management plan. Any submissions must be filed by August 10, 2018. (Signed by Judge Katherine Polk Failla on 7/10/2018) Copies Mailed by Chambers. (jwh) Modified on 7/10/2018 (jwh). |
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