Nesheiwat v. The City of Poughkeepsie, New York et al
| Issa E. Nesheiwat |
| Owen O'Connell, John Rafaelle, Matthew Aube, The City of Poughkeepsie, New York, The City of Poughkeepsie Police Department and John Does 1-10 |
| 7:2011cv07072 |
| October 7, 2011 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Dutchess |
| Kenneth M. Karas |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
38
OPINION AND ORDER re: 28 MOTION to Dismiss filed by Aaron Weiss, Williams, John Does 1-10, The City of Poughkeepsie Police Department, Owen O'Connell, John Rafaelle, The City of Poughkeepsie, New York, Paul Italiano, Matthew Aube. For the reas ons set forth above, Defendants' motion to dismiss Plaintiff's Third Cause of Action for negligent failure to train, supervise or discipline is GRANTED. Plaintiff's request for leave to amend the Complaint is DENIED. As Plaintiff has v oluntarily dismissed his § 1983 due process claim, the only claims that remain in this case are Plaintiff's claims for unlawful arrest and excessive force pursuant to the Fourth and Fourteenth Amendments, assault and battery, and false impr isonment. The Clerk of the Court is respectfully directed to terminate the motion (Doc. 28.) The parties are to appear for the pre-trial conference that was previously scheduled by the Court on March 22, 2013, at 10:15 a.m. It is SO ORDERED. (Pretrial Conference set for 3/22/2013 at 10:15 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 2/13/2013) (mml)
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