Coward v. The Town And Village of Harrison et al
| Neville S. Coward |
| The Town And Village of Harrison, The Recreation Department for the Town and Village of Harrison, Frank Bisceglia, Gary Chiarella, Margaret Minishi and The Police Department for the Town and Village of Harrison |
| 7:2004cv05976 |
| September 30, 2009 |
| US District Court for the Southern District of New York |
| White Plains Office |
| George A. Yanthis |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
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Filing
37
OPINION AND ORDER re: 27 MOTION for Partial Summary Judgment. filed by Stephen Malfitano, Ralph Tancredi, The Town And Village of Harrison, Gary Chiarella, The Recreation Department for the Town and Village of Harrison, The Police Department for th e Town and Village of Harrison, Frank Bisceglia, Margaret Minishi, Ronald Belmont...... For the reasons stated herein, Defendants motion for partial summary judgment is granted in part and denied in part. Plaintiffs Section 1983 claim against Tancre di for unreasonable detention on May 31, 2003 is dismissed with prejudice. Plaintiffs remaining Section 1983 claims for unreasonable detention on May 31, 2003 and for unlawful entry into Plaintiffs house on or about June 2, 2003 are dismissed without prejudice, due to Plaintiffsfailure to identify the individuals involved. Plaintiffs Section 1983 due process claim for wrongful exclusion from the Park is dismissed with prejudice. Plaintiffs federal claims against Harrison are dismissed with preju dice. All claims against Tancredi, Belmont, Malfitano, and the John Does are dismissed with prejudice, and those Defendants are dismissed from this case. Plaintift7s remaining claims are his equal protection, malicious prosecution, and false arrest claims pursuant to Section 1983, all against Bisceglia, Chiarella, and Minishi; his Section 198 1 and Section 2000a claims against Bisceglia, Chiarella, and Minishi; and his state law claims for malicious prosecution and false arrest, against Biscegl ia, Chiarella, Minishi, and Harrison. The Clerk of Court is respectfully directed to terminate the pending motion (Dkt. IVo. 27), and to terminate all Defendants except Bisceglia, Chiarella, Minishi, and Harrison. (Signed by Judge Kenneth M. Karas on 09/30/2009) (jma)
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