Garcia v. County of Westchester et al
| Joseph Garcia |
| County of Westchester, Village of Pleasantville, New York, Town of Mt. Pleasant, New York, George N. Longworth, Anthony Chiarlitti, Louis Alagno, Aaron Hess, Ronald Beckley, Paul J. Cusano, Ronald Gagnon, Brian Bosan, Russell W. Lowenstein and John Does #1-30 |
| 7:2011cv07258 |
| October 14, 2011 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Queens |
| Kenneth M. Karas |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
318
AMENDED OPINION & ORDER: For the foregoing reasons, Defendants' Motions are granted in part and denied in part. Only the following claims remain as to each Plaintiff: Garcia (11-CV-7258) Federal and state malicious prosecution claims agains t Officer Cusano and the County of Westchester; Federal excessive force and state assault and battery claims against Officer Cusano and the County of Westchester. Delpeche (11-CV-7260) Federal and state false arrest claims against Officer Bosan and the County of Westchester. Federal and state malicious prosecution claims against Officer Bosan and the County of Westchester. Federal excessive force and state assault and battery claims against Officer Bosan and the County of Westchester. LaRoche (11-CV-7261) State assault claims against Officer Castagna and the Town of Mount Pleasant. Gallo (11-CV-7262) State assault claims against Officer Castagna and the Town of Mount Pleasant. Parker (11-CV-7264) Federal and state fals e arrest claims against Officer Bosan and the County of Westchester; Federal and state malicious prosecution claims against Officer Bosan and the County of Westchester; Federal excessive force and state assault and battery claims against Officer Bosan and the County of Westchester. Hinds (11-CV-7265) State assault claims against Officer Hess and the Village of Pleasantville; Federal and state false arrest claims against Officer Jacobsen and the Town of Mount Pleasant; Federal e xcessive force and state assault and battery claims against Officer Jacobsen and the Town of Mount Pleasant. Romanick (11-CV-7267) Federal excessive force and state assault and battery claims against Officer Winsman and the County of Westchester . All other claims are dismissed. The Court will hold a conference on January 3, 2018 at 11:00 AM to discuss the status of the cases. The Clerk of Court is respectfully directed to terminate the pending Motions. (See Dkt. No. 291, 11-CV-7258 Dkt. ; Dkt. No. 244, 11-CV-7260; Dkt. No. 240, 11-CV-7261; Dkt. No. 229, 11-CV-7262; Dkt. No. 254, 11-CV-7264 Dkt.; Dkt. Nos. 254, 258, 262, 11-CV-7265; Dkt. No. 243; 11-CV-7267 Dkt.) SO ORDERED. (Conference set for 1/3/2018 at 11:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 12/11/2017) (mml)
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Filing
314
OPINION & ORDER re: (291 in 7:11-cv-07258-KMK-LMS) MOTION for Partial Summary Judgment; (262 in 7:11-cv-07265-KMK-LMS) MOTION for Partial Summary Judgment; (243 in 7:11-cv-07267-KMK-LMS) MOTION for Partial Summary Judgment; (229 in 7: 11-cv-07262-KMK-LMS) MOTION for Summary Judgment; (240 in 7:11-cv-07261-KMK-LMS) MOTION for Summary Judgment; (254 in 7:11-cv-07265-KMK-LMS) MOTION for Summary Judgment; (254 in 7:11-cv-07264-KMK-LMS) MOTION for Partial Summary Judgm ent; (244 in 7:11-cv-07260-KMK-LMS) MOTION for Partial Summary Judgment: For the foregoing reasons, Defendants Motions are granted in part and denied in part. Only the following claims remain as to each Plaintiff: Garcia (11-CV-7258) Federal and state malicious prosecution claims against Officer Cusano and the Town of Mount Pleasant; Federal excessive force and state assault and battery claims against Officer Cusano and the Town of Mount Pleasant. Delpeche (11-CV-7260) Federal and state fa lse arrest claims against Officer Bosan and the Town of Mount Pleasant. Federal and state malicious prosecution claims against Officer Bosan and the Town of Mount Pleasant. Federal excessive force and state assault and battery claims against Officer Bosan and the Town of Mount Pleasant. LaRoche (11-CV-7261) State assault claims against Officer Castagna and the Town of Mount Pleasant. Gallo (11-CV-7262) State assault claims against Officer Castagna and the Town of Mount Pleasant. Parker (11-CV-72 64) Federal and state false arrest claims against Officer Bosan and the Town of Mount Pleasant; Federal and state malicious prosecution claims against Officer Bosan and the Town of Mount Pleasant; Federal excessive force and state assault and battery claims against Officer Bosan and the Town of Mount Pleasant. Hinds (11-CV-7265) State assault claims against Officer Hess and the Village of Pleasantville; Federal and state false arrest claims against Officer Jacobsen and the Town of Mount Pleasant ; Federal excessive force and state assault and battery claims against Officer Jacobsen and the Town of Mount Pleasant. Romanick (11-CV-7267) Federal excessive force and state assault and battery claims against Officer Winsman and the Town of Mount P leasant. All other claims are dismissed. The Court will hold a conference on January 3, 2018 at 11 :00 AM to discuss the status of the cases. The Clerk of Court is respectfully directed to terminate the pending Motions. (See Dkt. No. 291, 11-CV-7258 Dkt.; Dkt. No. 244, 11-CV-7260; Dkt. No. 240, 11-CV-7261; Dkt. No. 229, 1 l-CV-7262; Dkt. No. 254, 11-CV-7264 Dkt.; Dkt. Nos. 254, 258, 262, 11-CV-7265; Dkt. No. 243; 11-CV-7267 Dkt.) (Signed by Judge Kenneth M. Karas on 11/20/2017) (jwh)
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