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17-1798 - Petty v. New Britain et al

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17-1798 - Petty v. New Britain et al
January 29, 2018
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INITIAL REVIEW ORDER PURSUANT TO 28 U.S.C. § 1915A. (1) All claims against Chief Wardwell and Sergeant Blackmore are dismissed. Plaintiff's excessive force, denial of medical care, unreasonable search and seizure claims, and state law claims may proceed against Detectives Halt and Smith in their individual capacities for damages. Plaintiff's claims against Detectives Halt and Smith in their official capacities are dismissed. Plaintiff's claim against the City of New Britain pursuant to Conn. Gen. Stat. § 52-557n may also proceed at this time. (2) Within twenty-one (21) days of this Order, the clerk shall mail a waiver of service of process request packet containing the complaint to Detective Halt and Detective L. Smith at New Britain City Police Department, 10 Chestnut Street, New Britain, CT 06051. The clerk shall report to the court on the status of the waiver request on the thirty-fifth (35th) day after mailing. If any defendant fails to return the waiver request, the clerk shall make arrangements for in-person service by the U.S. Marshals Service on him, and the defendant shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d). (3) The Clerk shall prepare the documents required for official capacity service on the City of New Britain and deliver them to the U.S. Marshal Service. Within twenty-one (21) days of this Order, the U.S. Marshals Service shall serve the summons, a copy of the complaint, and this order on the city of New Britain by delivering the necessary documents in person to the New Britain Town & City Clerk, 27 West Main Street, Room 109, New Britain, CT 06051. (4) Detectives Halt and Smith and the City of New Britain shall file their response to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules. (5) Discovery, pursuant to Fed. R. Civ. P. 26-37, shall be completed within sixmonths (180 days) from the date of this order. Discovery requests need not be filed with the court. (6) All motions for summary judgment shall be filed within seven months (210days) from the date of this order. It is so ordered. Signed by Judge Jeffrey A. Meyer on 1/29/2018. (Zuckier, C.)