Harmon v. City of Rochester et al
Phyllis Harmon |
City of Rochester, Rochester Police Department, Brian Marone and Reidy |
6:2014cv06562 |
September 26, 2014 |
US District Court for the Western District of New York |
Rochester Office |
Monroe |
David G. Larimer |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 132 DECISION AND ORDER Defendants' motion for summary judgment 128 is granted, and the complaint is dismissed. Signed by Hon. David G. Larimer on 10/12/2022. (KAH)Clerk to Follow up |
Filing 27 ORDER granting in part and denying in part defendants' 17 Motion for Summary Judgment. I find that plaintiff cannot establish a claim for false arrest, because the undisputed facts establish that the arresting defendants had probable cause t o arrest the plaintiff, and further that they are entitled to qualified immunity. Plaintiff's false arrest claim is therefore dismissed. I further find that plaintiff has failed to set forth any evidentiary basis for a finding of liability aga inst the City of Rochester or the Rochester Police Department, and her claims against those defendants are dismissed in their entirety. I find that plaintiff can raise a triable question of fact as to her excessive force and failure to protect claims asserted against the defendant officers, and therefore decline to dismiss those claims. (A copy of this decision has been mailed to plaintiff at her last known address.). Signed by Hon. David G. Larimer on 3/29/17. (EMA) |
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