Rivera v. Shaw et al
| John Banchs Rivera |
| Freeman R. Shaw, IV, Martin M. Logan, Robert Mattick and City of Rochester |
| 6:2009cv06621 |
| December 7, 2009 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| David G. Larimer |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
95
DECISION AND ORDER DENYING 92 Plaintiff's Motion for a New Trial or for Judgment as a Matter of Law. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 03/28/16. A copy of this Decision and Order and NEF have been mailed to the pro se Plaintiff. (SCE)
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Filing
74
DECISION AND ORDER. Plaintiff's Motion regarding a conflict of interest 65 is DENIED in all respects. Defendants' Motions for Summary Judgment 57 62 are GRANTED IN PART and DENIED IN PART. Specifically, Defendants' Motion is gra nted with respect to Plaintiff's causes of action against the City of Rochester and Chief Sheppard, as well as his causes of action for false arrest, malicious prosecution and retaliation, which are DISMISSED WITH PREJUDICE. As Officer Logan was only named in the false arrest, malicious prosecution, and retaliation causes of action, he is also dismissed from this case. Defendants' Motion for Summary Judgment is DENIED regarding Plaintiff's excessive force claim, and is DENIED rega rding their request to preclude punitive damages. Further, the parties shall appear on 2/09/2015 at 10:00 a.m. to set a trial date for the only remaining cause of action which alleges the use of excessive force. IT IS SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 01/29/2015. Pro se Plaintiff is hereby being sent this NEF and docketed Decision and Order via the USPS. -CLERK TO FOLLOW UP- (ST)
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Filing
7
ORDER that plaintiffs retaliation,illegal search and seizure, excessive force and false arrestclaims may go forward at this time. The denial of due processunder the Fourth Amendment and malicious prosecution claims mustbe dismissed without prejudice as premature.The Clerk of the Court is directed to file plaintiff'spapers, and to cause the United States Marshal to serve copies ofthe Summons, Amended Complaint, and this Order upon the nameddefendants. Signed by Hon. Michael A. Telesca on 2/3/2010. (TO)
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