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16-3231 - Swanson v. The City Of New York et al


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16-3231 - Swanson v. The City Of New York et al
July 21, 2017
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ORDER granting 21 Motion to Dismiss for Failure to State a Claim; denying 21 Motion to Dismiss for Lack of Jurisdiction. For the reasons discussed in the attached Memorandum and Order, the Court grants the City's motion to dismiss for failure to state a claim and dismisses Plaintiff's claims under the Fourth and Eighth Amendments and Plaintiff's claims for conspiracy, failure to intervene, supervisory liability, municipal liability, "caused to be subjected" and negligent and intentional infliction of emotional distress. Plaintiff shall serve Defendants with a signed and sealed summons and the Amended Complaint, in compliance with Rule 4 of the Federal Rules of Civil Procedure, within thirty (30) days of today's date. If Plaintiff fails to serve Defendants in compliance with Rule 4 within thirty days, the Court will dismiss the Amended Complaint. Ordered by Judge Margo K. Brodie on 7/21/2017. (Haji, Sara)