J.H.,et al v. City of Mount Vernon et al
| J.H. and Charlene Humphreys |
| City of Mount Vernon, Mount Vernon Police Department and Police Officer John Doe |
| 7:2018cv04399 |
| May 17, 2018 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Cathy Seibel |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
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Filing
29
OPINION AND ORDER re: 25 MOTION to Dismiss plaintiffs' second amended complaint pursuant to FRCP 12(b)(6) filed by Police Officer John Doe, Mount Vernon Police Department, City of Mount Vernon. For the foregoing reasons, Def endants' unopposed motion to dismiss is GRANTED IN PART and DENIED IN PART. Further, Plaintiffs are ordered to advise no later than April 29, 2019, whether they intend to pursue this case. If so, it will proceed only on Plaintiff J.H.'s f irst, fourth, and fifth causes of action against PO Hughes, and on J.H.'s third cause of action against the City of Mount Vernon. The Mount Vernon Police Department and PO Hunt are dismissed from this case, as is Ms. Humphreys as a Plaintiff in her individual capacity. The Clerk of the Court is respectfully directed to terminate these parties and the pending motion. (Doc. 25.) SO ORDERED. Charlene Humphreys (Individually) and Mount Vernon Police Department terminated. (Signed by Judge Cathy Seibel on 4/15/2019) (mml)
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