Ratajack v. Brewster Fire Department, Inc. of the Brewster-Southeast Joint Fire District et al
| William J. Ratajack, Jr. |
| Brewster Fire Department, Inc. of the Brewster-Southeast Joint Fire District, William Rieg, Donald Goodwin, Julie Kuklevsky, George Godfrey, Philip McMurray, Jeff Bergstrom, David Beshears, Dominick Consentino, Albert Jacobs, Brewster-Southeast Joint Fire District, John Klosowski, Kenneth Clair, R. Gerald Schramek, Richard Tofte, Martin Miller, Michael Miller and Steven Miller |
| 7:2014cv00007 |
| January 2, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Putnam |
| Kenneth M. Karas |
| Employment |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
65
OPINION & ORDER re: 37 MOTION for Summary Judgment Notice filed by Julie Kuklevsky, Albert Jacobs, R. Gerald Schramek, Steven Miller, Philip McMurray, Brewster-Southeast Joint Fire District, Dominick Consentino, George Godfrey , John Klosowski, Kenneth Clair, Martin Miller, William Rieg, Richard Tofte, Jeff Bergstrom, Donald Goodwin, Brewster Fire Department, Inc. of the Brewster-Southeast Joint Fire District, David Beshears, Michael Miller, 50 MOTION fo r Partial Summary Judgment filed by William J. Ratajack, Jr. For the foregoing reasons, the Court grants summary judgment to Plaintiff on his procedural due process claim as asserted against the Department and the District. In addition, the Court finds the individual Defendants are entitled to qualified immunity on the procedural due process claims. Defendants are entitled to summary judgment in all other respects. There is no need to consider whether the individual Defendants are entit led to qualified immunity with respect to the First Amendment retaliation and defamation claims, because the Court has already found them not to be liable with regard to those claims. See Kelsey v. Cty. of Schoharie, 567 F.3d 54, 62 (2d Cir. 2009) ( "When the facts, viewed in light most favorable to the plaintiff, do not demonstrate that an officer's conduct violated a constitutional right, the court need not further pursue the qualified immunity inquiry...."). Therefore, the Cle rk of the Court is respectfully requested to terminate the pending motions. (See Dkt. Nos. 37, 50.) The Court will hold a conference on April 15, 2016, at 10:00 am. SO ORDERED. (Conference set for 4/15/2016 at 10:00 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 3/30/2016) (mml)
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