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14-4556 - Alwan v. The City of New York et al


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14-4556 - Alwan v. The City of New York et al
May 2, 2018
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MEMORANDUM & ORDER, Defendants' motion for partial summary judgment is GRANTED IN PART and DENIED IN PART. The court dismisses the following claims with prejudice: Plaintiff's fourth (Monell) cause of action; Plaintiff's fifth cause of action (New York State equal protection), to the extent this claim is asserted against Nelson and Hernandez; Plaintiff's sixth cause of action (New York State search and seizure and excessive force), to the extent he alleges that Nelson and Hernandez subjected him to an unreasonable search and seizure or that any Defendant used, or is vicariously liable for the use of, excessive force against him; Plaintiff's seventh cause of action (IIED); Plaintiff's tenth cause of action (negligence); and Plaintiff's eleventh cause of action (negligent hiring and retention). Furthermore, the court dismisses all claims against the NYPD with prejudice. The court denies Defendants' motion for summary judgment with respect to Plaintiff's New York State equal-protection and search-and-seizure claims, to the extent he asserts these claims against the City under a theory of respondeat superior. So Ordered by Judge Nicholas G. Garaufis on 5/01/2018. (Lee, Tiffeny)