Quiller v. The City of Yonkers et al

Quiller v. The City of Yonkers et al

Case Number:	7:2006cv06846
Filed:	September 6, 2006
Court:	US District Court for the Southern District of New York
Office:	White Plains Office
Presiding Judge:	Charles L. Brieant
Nature of Suit:	Civil Rights: Other
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 5, 2010	Filing 33 MEMORANDUM DECISION AND ORDER:...Accordingly, plaintiffs maliciousprosecution claims against defendants Vellozzi, Hurley, Olcese and Doheny aredismissed. However, as to the substance of plaintiffs malicious prosecution claims against defendant Donald son and the City of Yonkers, there are genuine factual issues which may reasonably be resolved in favor of either party. Accordingly, summary judgment must be denied as to plaintiffs malicious prosecution claims against Officer Donaldson and the City of Yonkers..V. REMAINING CLAIMS As to the remaining claims, a review of the entire record indicates numerous triable factual issues including, but not limited to, whether there was probable cause to prosecute plaintiff for burglary and whether plain tiff was subjected to excessive force in the course of his arrest. Accordingly, defendants motion is denied in all other respects.IX. CONCLUSION For the reasons stated above, defendants motion for summary judgment is GRANTED IN PART and the following claims are dismissed: (1) all claims against the Yonkers Police Department; (2) all false arrest claims; and (3) the malicious prosecution claims against defendants Vellozzi, Hurley, Olcese and Doheny. Thus, summary judgment is denied as to the foll owing claims: (1) the malicious prosecution claims against Officer Donaldson and the City of Yonkers; (2) the excessive force claims; (3)judgment is denied as to the following claims: (I) the malicious prosecution claims against Officer Donaldson and the City of Yonkers; (2) the excessive force claims; (3)claims for assault and battery; (4) the Monell claims against the City of Yonkers; and (5) the claim against Commissioner Taggart, sued only in his official capacity. The Court shall conduct a telephone conference on Monday, January 25,2010, at 9:00 a.m. Plaintiff shall initiate the call.The Clerk of the Court is respectfully requested to terminate the pending motion(Docket # 1 6-1 7). SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 1/5/2010) (rj)

Date Filed

Document Text

January 5, 2010

Filing 33 MEMORANDUM DECISION AND ORDER:...Accordingly, plaintiffs maliciousprosecution claims against defendants Vellozzi, Hurley, Olcese and Doheny aredismissed. However, as to the substance of plaintiffs malicious prosecution claims against defendant Donald son and the City of Yonkers, there are genuine factual issues which may reasonably be resolved in favor of either party. Accordingly, summary judgment must be denied as to plaintiffs malicious prosecution claims against Officer Donaldson and the City of Yonkers..V. REMAINING CLAIMS As to the remaining claims, a review of the entire record indicates numerous triable factual issues including, but not limited to, whether there was probable cause to prosecute plaintiff for burglary and whether plain tiff was subjected to excessive force in the course of his arrest. Accordingly, defendants motion is denied in all other respects.IX. CONCLUSION For the reasons stated above, defendants motion for summary judgment is GRANTED IN PART and the following claims are dismissed: (1) all claims against the Yonkers Police Department; (2) all false arrest claims; and (3) the malicious prosecution claims against defendants Vellozzi, Hurley, Olcese and Doheny. Thus, summary judgment is denied as to the foll owing claims: (1) the malicious prosecution claims against Officer Donaldson and the City of Yonkers; (2) the excessive force claims; (3)judgment is denied as to the following claims: (I) the malicious prosecution claims against Officer Donaldson and the City of Yonkers; (2) the excessive force claims; (3)claims for assault and battery; (4) the Monell claims against the City of Yonkers; and (5) the claim against Commissioner Taggart, sued only in his official capacity. The Court shall conduct a telephone conference on Monday, January 25,2010, at 9:00 a.m. Plaintiff shall initiate the call.The Clerk of the Court is respectfully requested to terminate the pending motion(Docket # 1 6-1 7). SO ORDERED (Signed by Magistrate Judge George A. Yanthis on 1/5/2010) (rj)

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