Wheeler v. Artola et al
| Damon Wheeler |
| Artola, City of Middletown P.D. and Orange Regional Medical Center |
| 1:2016cv07440 |
| September 23, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Vincent L. Briccetti |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
270
DECISION AND ORDER terminating 256 Motion Re Use of Electronic Devices for Trial ; terminating 257 Motion To Permit Electronic Device Unopposed Motion to Permit Electronic Device ; terminating 260 Motion in Limine; terminating 265 Motio n in Limine In Response to Witnesses and Exhibit Added by Defendants on June 24, 2019. For the foregoing reasons, the Court finds that Wheeler has failed to prove, by a preponderance of the evidence, (1) that Defendants Artola and McHugh are liable on Wheeler's claims under 42 U.S.C. § 1983 for (a) an unlawful traffic stop, (b) a false arrest, and (c) an unlawful search of Wheeler's vehicle; (2) that Defendant Artola is liable on Wheeler's claim under 42 U.S.C. § 198 3 for the use of excessive force based on (a) punching Wheeler's face, both before Wheeler was removed from his vehicle and after he was placed in handcuffs, and (b) slamming Wheeler's head into a wall during the strip search; and (3) th at Defendant McHugh is liable on Wheeler's claim under 42 U.S.C. § 1983 for failure to intervene to prevent the excessive use of force during the strip search. The Court finds that Defendants Artola, McHugh, and Thoelen are entitled to qua lified immunity on Wheeler's claim under 42 U.S.C. § 1983 for an unlawful strip search. Wheeler withdrew all of his claims against Defendant Weymer. Accordingly, the Clerk of the Court is directed to terminate Defendant Weymer from the a ction. The Clerk of the Court is also directed to terminate the motions at Docket ## 256, 257, 260, and 265. Judgment shall be entered in favor of Defendants Artola, McHugh, and Thoelen. This constitutes the Decision and Order of the Court. A copy of this Decision and Order has been mailed to the following: Damon Wheeler # 78063-054, M.D.C. Brooklyn, P.O. Box 329002, Brooklyn, NY 11232. (Signed by Magistrate Judge Lisa Margaret Smith on 9/23/2019) Copies Mailed By Chambers. (rj) Transmission to Orders and Judgments Clerk for processing.
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
