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14-2287 - Flynn-Rodriguez v. The City of New York et al


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14-2287 - Flynn-Rodriguez v. The City of New York et al
August 24, 2016
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MEMORANDUM AND ORDER granting in part defendants' 34 Motion for Partial Summary Judgment. Summary judgment is granted with respect to all claims against the New York City Police Department. It is dismissed from the case. Summary judgment is granted on the claims of false arrest for resisting arrest, malicious prosecution for the resisting arrest charge against Officer Cheng, and excessive force against the City of New York. The following claims will proceed to trial: excessive force by the individual officer defendants; state assault and battery claims by the individual officer defendants and the City of New York through a respondeat superior theory; intentional infliction of emotional distress by the individual officer defendants and the City of New York through a respondeat superior theory; failure to intervene by the individual officer defendants; and substantive due process for deliberate indifference to medical needs and a lock-up that shocks the conscience by the individual officer defendants and the City of New York. All other claims are deemed withdrawn or dismissed. Trial shall commence on 12/12/2016, in Courtroom 10 B South. A jury shall be selected that morning by the magistrate judge, at a time to be determined by the magistrate. The parties shall be available beginning at 9 a.m. No later than 12/5/2016, the parties shall exchange and file pre-trial submissions. Motions in limine and briefing on plaintiff's substantive due process claims shall be filed by 11/29/2016. A hearing on motions in limine and the substantive due process claims shall be held on 12/5/2016 at 10:30 a.m. in Courtroom 10 B South. Plaintiff and individual defendants shall be present. Ordered by Judge Jack B. Weinstein on 8/24/2016. (Barrett, C)
August 1, 2017
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MEMORANDUM AND ORDER granting defendants' motion to dismiss the malicious prosecution claim. Ordered by Judge Jack B. Weinstein on 7/31/2017. (Barrett, C)