Amato v. Hartnett et al
Carl Amato |
Edmund Hartnett, John Bennett, Charles Fara, Robert Sawchuck, Ed Leahey, John Zippo and The City of Yonkers |
7:2009cv09511 |
November 16, 2009 |
US District Court for the Southern District of New York |
White Plains Office |
Westchester |
Kenneth M. Karas |
Plaintiff |
42 U.S.C. ยง 1983 Civil Rights Act |
Plaintiff |
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Filing 42 OPINION AND ORDER re: 34 MOTION for Summary Judgment filed by The City of Yonkers, Charles Fara, John Zippo, Robert Sawchuck, John Bennett, Ed Leahey, Edmund Hartnett. For the reasons set forth above, Defendants' motion is GRANTED with respect to Plaintiff's: First Amendment claim (First Cause of Action); Due Process claims arising from Plaintiff's involuntary commitment and termination (Second and Third Causes of Action); Fourth Amendment claims relating to the search and seizu re of Plaintiff's property and alleged arrest (Fifth and Sixth Causes of Action); and Section 1983 conspiracy claim (Ninth Cause of Action), and DENIED with respect to Plaintiff's Fourth Amendment claim arising from his alleged involuntary commitment (Fifth Cause of Action); Second Amendment claim (Fourth Cause of Action); and conversion claim (Eighth Cause of Action). Accordingly, the only claims that remain in this case are Plaintiff's Fourth Amendment claim arising from his inv oluntary commitment as against Bennett and Fara, Second Amendment claim, and conversion claim. The Clerk of the Court is respectfully directed to terminate the motion. Doc. 34. The parties are to appear for a pre-trial conference on May 2, 2013, at 11 a.m. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 3/30/2013) (mml) |
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