Dayton et al v. The City of Middletown et al
| Michael Dayton and Barbara Nieves |
| The City of Middletown, The City of Middletown Police Department, Officers John Doe "1" though "5", Orange County and Department of Social Services Orange County |
| 7:2009cv08140 |
| September 23, 2009 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Orange |
| Kenneth M. Karas |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
24
OPINION AND ORDER re: 14 MOTION to Dismiss filed by Orange County, Department of Social Services Orange County and 18 MOTION to Dismiss filed by The City of Middletown Police Department, Officers John Doe "1" though "5", and T he City of Middletown. For the foregoing reasons, the Middletown Officers' motion for summary judgment is denied without prejudice. The motion to dismiss DSS is granted with prejudice. Middletown's and Orange County's motions to dismi ss Plaintiffs' federal § 1983 claims under Monell are granted without prejudice, as is the motion to dismiss Plaintiffs' state law claims against Orange County. Defendants' motions to dismiss claims arising from the Family Court f inding of neglect and order of protection under Rooker-Feldman are granted with prejudice, but denied as to Plaintiffs' other allegations regarding Orange County's conduct during the Family Court proceedings. Plaintiffs have thirty days fro m the date of this Opinion and Order to file a Second Amended Complaint consistent with this Opinion and Order. The Clerk of Court is respectfully directed to terminate the pending motions. (Dkt. Nos. 14 and 18.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2011) (mml)
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