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04-1784 - Hartman v. County of Nassau et al


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04-1784 - Hartman v. County of Nassau et al
April 28, 2008
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MEMORANDUM AND ORDER: Defendants motion for summary judgment is granted in part and denied in part. Summary judgment is granted in favor of defendants on: (1) the dismissal of the false arrest and false imprisonment claims; and (2) the dismissal of the state law negligence claim. Defendants motion to dismiss the state law claim of negligent hiring, retention, training, and supervision is denied as moot. Defendants motion for summary judgment is denied and plaintiff allowed to proceed on: (1) his claim of excessive force; (2) his state law claims of assault and battery; and (3) his claims against Officers Snelders and Knatz in their official capacities. Insofar as qualified immunity has been urged as a defense to the claims, summary judgment is appropriate on defendants qualified immunity defense insofar as it relates to all claims except for the assault and battery and excessive force claims, and the claims against the officers in their official capacities. Ordered by Magistrate Judge Cheryl L. Pollak on 4/28/08. (Caggiano, Diana)