Taylor v. City of Rochester et al
Phillip Taylor |
City of Rochester, Rochester Police Department, Rizzo and John Does(s) |
6:2016cv06606 |
August 31, 2016 |
US District Court for the Western District of New York |
Rochester Office |
Monroe |
David G. Larimer |
Other Civil Rights |
28 U.S.C. ยง 1441 |
None |
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Filing 23 DECISION AND ORDER Defendants' motion for summary judgment dismissing the complaint 15 is granted in part, and denied in part. Material questions of fact bar summary judgment with respect to plaintiff's claims of excessive force and/or as sault and battery against defendant officers Rizzo and McAvoy. The remainder of plaintiff's claims, including but not limited to false arrest and/or intentional infliction of emotional distress, as well as all of plaintiff's claims against the City of Rochester, the Rochester Police Department, and any additional "John Doe" defendants, are dismissed in their entirety, with prejudice. Plaintiff's cross motion seeking to stay the motion for summary judgment, and/or for further discovery 19 is denied. Signed by Hon. David G. Larimer on 5/6/2020. (KAH)-CLERK TO FOLLOW UP- |
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