Dininny v. Trentanelli et al
| Jason M. Dininny |
| Salvatore J. Trentanelli and The City of Corning |
| 6:2009cv06561 |
| November 5, 2009 |
| US District Court for the Western District of New York |
| Rochester Office |
| Steuben |
| Charles J. Siragusa |
| Plaintiff |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
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DECISION AND ORDER granting in part and denying in part 9 Motion to Dismiss. For the foregoing reasons, Defendants motion to dismiss the following claims is granted: (1) all claims against the City of Corning; (2) all claims against Trentanelli in his official capacity; (3) the Equal Protection Federal Constitutional claim; (4) the State common law false arrest claim; and (5) the State common law abuse of process claim. The following claims may go forward against Trentanelli in his personal capacity as plead: (1) the Federal First Amendment retaliation claim; (2) the Federal Due Process claim; and (3) the State common law malicious prosecution claim.Signed by Hon. Charles J. Siragusa on 12/15/10. (KAP)
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