Davis Payne v. Galie et al
| Chamikka Davis Payne |
| John Galie, Thomas Fourmier, Theodore Weed, John Faso, Joseph Gianquinto, Dorothy Jones, Niagara Falls Police Department and County Crime Task Force |
| 6:2009cv06363 |
| July 23, 2009 |
| US District Court for the Western District of New York |
| Rochester Office |
| Niagara |
| Jonathan W. Feldman |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
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The following documents for this case are available for you to view or download:
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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-
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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)
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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)
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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)
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