Smith v. Town of Lewiston et al
| Thomas M Smith |
| Town of Lewiston, Frank Previte and John Penzotti |
| 1:2017cv00959 |
| September 26, 2017 |
| US District Court for the Western District of New York |
| Buffalo Office |
| Niagara |
| Lawrence J. Vilardo |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
79
DECISION AND ORDER accepting in part and rejecting in part the 52 Report & Recommendation. Smith's motion for summary judgment, Docket Item 34 , is DENIED, and the defendants' motion, Docket Item 39 , is GRANTED in part and DENIED in p art. Smith's false arrest claim is dismissed, but his malicious prosecution claims and his First Amendment retaliatory prosecution claim may proceed. The parties shall contact the Court within 30 days of the date of this order to schedule a status conference to set a trial date. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 8/11/2022. (WMH)
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