Davis Payne v. Galie et al
Plaintiff: Chamikka Davis Payne
Defendant: John Galie, Thomas Fourmier, Theodore Weed, John Faso, Joseph Gianquinto, Dorothy Jones, Niagara Falls Police Department and County Crime Task Force
Case Number: 6:2009cv06363
Filed: July 23, 2009
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Niagara
Presiding Judge: Jonathan W. Feldman
Nature of Suit: Civil Rights: Other
Cause of Action: 42:1983 Civil Rights Act
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 29, 2017 Opinion or Order Filing 92 DECISION AND ORDER granting 84 Defendants' Motion for Summary Judgment; denying 87 Plaintiff's Motion for Summary Judgment; denying 90 Plaintiff's Motion for a decision in her favor. The Clerk of Court is directed to close the case. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 8/29/17. (JPL) (A copy of this Decision and Order has been mailed to Plaintiff)-CLERK TO FOLLOW UP-
November 25, 2015 Opinion or Order Filing 74 -CLERK TO FOLLOW UP-DECISION AND ORDER denying Police Defendants' Motion to Dismiss [Dkt. 68] Plaintiff's Fourth Amendment Claim and directing Clerk to link Plaintiff's Amended Complaint [Dkt. 67] with [Dkt. 73] Declaration filed by Chanikka Davis Payne which will now together constitute the operative pleading in this matter. Signed by Hon. Michael A. Telesca on 11/25/15. (Copy of Decision and Order sent by first class mail to Plaintiff.)(JMC)
May 11, 2015 Opinion or Order Filing 72 -CLERK TO FOLLOW UP- DECISION AND ORDER granting in part and denying in part 68 Motion to Dismiss for Failure to State a Claim (it is granted to the extent that the Niagara Falls Police Department is terminated as a defendant in this action and the Police Defendants are denied qualified immunity; granting in its entirety 69 Motion to Dismiss for Failure to State a Claim and the amended complaint is dismissed with prejudice as against the State of New York, Dorothy Jones, and Robert Lee; the plaintiff is allowed to file a supplemental affidavit or declaration alleging facts that plausibly support her assertion that she had "overnight guest" status at the apartment where she was arrested; plaintiff must file the supplemental aff idavit or declaration with thirty (30) days of this Decision and Order; the failure to do so will result in the dismissal of the amended complaint without further Order of this Court. The Clerk of the is directed to terminate the State of New York, Dorothy Jones, Robert Lee, and the Niagara Falls Police Department as parties to this action. Copy of this Decision and Order mailed to Diane Davis-Payne. Signed by Hon. Michael A. Telesca on 5/11/15. (JMC)
October 16, 2012 Opinion or Order Filing 55 DECISION AND ORDER denying 11 Plaintiff's Motion for Judgment on the Pleadings; granting 23 Defendants' Motion to Dismiss Plaintiff's Complaint; and the Complaint is dismissed in its entirety as to all defendants. (Clerk to close case.) Signed by Hon. Michael A. Telesca on 10/16/12. (JMC)
Access additional case information on PACER

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 Western District Court's Electronic Court Filings (ECF) System

Search for this case: Davis Payne v. Galie et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Chamikka Davis Payne
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Galie
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Thomas Fourmier
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Theodore Weed
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: John Faso
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Joseph Gianquinto
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Dorothy Jones
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Niagara Falls Police Department
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: County Crime Task Force
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?