Ivery v. Baldauf et al
| Dwayne Ivery |
| Alexander C. Baldauf, Ricky J. Harris, Jr., James M. Sheppard and City of Rochester |
| 6:2014cv06041 |
| January 27, 2014 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| David G. Larimer |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
76
DECISION AND ORDER Defendant Alexander C. Baldauf's motion 68 to dismiss the Complaint pursuant to Fed. R. Civ. P. 41(b) is granted, and the Complaint is dismissed with prejudice. Signed by Hon. David G. Larimer on 5/27/2021. Copy of this Decision and Order sent by First Class Mail to plaintiff Dwayne Ivery on 5/27/2021 to his address of record. (KAH)-CLERK TO FOLLOW UP-
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Filing
42
DECISION AND ORDER granting in part and denying in part 28 Motion for Summary Judgment. All of plaintiff's claims against defendant Rickey Harris, James Sheppard, and the City of Rochester are dismissed. Plaintiff's claims against defend ant Alexander Baldauf for conspiracy (Count 3), intentional infliction of emotional distress (Count 8), negligent infliction of emotional distress (Count 9), and negligence (Count 10), are dismissed. In all other respects, defendants' motion for summary judgment is denied. Therefore, the only claims remaining are plaintiff's claims against defendant Baldauf for false arrest/illegal search and seizure (Count 1), excessive force (Count 2), battery (Count 6), and assault (Count 7). Signed by Hon. David G. Larimer on 2/14/2018. (KAH)-CLERK TO FOLLOW UP-
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