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16-1274 - Gomez v. The City Of New York et al

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16-1274 - Gomez v. The City Of New York et al
March 16, 2017
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MEMORANDUM & ORDER re 16 Motion to Dismiss, Defendants' Motion for Judgment on the Pleadings (Dkt. 16) is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED with respect to all claims against the John Doe Defendants; all claims of malicious prosecution; all claims of unlawful search; and all claims of municipal liability under Section 1983 against the City of New York or the Officer Defendants in their official capacities. These claims are DISMISSED WITH PREJUDICE. Defendants' Motion is DENIED with respect to Plaintiff's claims of false arrest, denial of the right to a fair trial, and failure to intervene as against the Officer Defendants in their individual capacities; and Plaintiff's claim of derivative liability against the City under the New York State Constitution. The parties are DIRECTED to proceed with any outstanding discovery under the supervision of Magistrate Judge Lois Bloom. The court GRANTS leave for both parties to move for summary judgment upon completion of discovery. Should either party wish to so move, the parties shall jointly submit a proposed briefing schedule to the court. So Ordered by Judge Nicholas G. Garaufis on 3/15/2017. (Lee, Tiffeny)