Scott v. City of Rochester et al
| Dudley T. Scott |
| City of Rochester, Michael L. Ciminelli, Michael Feldman, Randy Potuck, Evan Henry, Jeff Kester, Donald Flood, John Doe #1 and John Doe #2 |
| 6:2017cv06004 |
| January 3, 2017 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Frank P. Geraci |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
12
DECISION AND ORDER: Plaintiff's 4 Motion for Default Judgment is DENIED and Defendants' 5 Motion to Dismiss Counts Two, Three, Six, Seven, and Eight is GRANTED and the causes of action are DISMISSED. The Clerk of the Court shall termi nate the City of Rochester and Chief Michael L. Ciminelli as Defendants in this case.Unchallenged, Count One, claim of excessive force by Defendants Feldman, Henry, and Flood, Count Four, claim of delay in treatment by Defendants Feldman, Potuck, Henry, Kester, Flood, and Count Five, claim of failure to intervene by Defendants Flood, Kester, and Potuck remain.By separate Order, this case will be referred to a United States Magistrate Judge for pretrial proceedings.SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/25/17. (JO)-CLERK TO FOLLOW UP-
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