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14-5791 - Boston v. Suffolk County, New York et al


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14-5791 - Boston v. Suffolk County, New York et al
January 9, 2018
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MEMORANDUM OF DECISION & ORDER granting in part and denying in part 51 Motion to Dismiss; granting in part and denying in part 52 Motion for Summary Judgment; granting in part and denying in part 54 Motion for Summary Judgment; denying 57 Motion to Amend/Correct/Supplement. For the reasons stated above, the Plaintiffs motion to amend his complaint pursuant to Rule 15 is denied; and the Defendants motions for summary judgment are granted in part and denied in part. The motions for summary judgment are granted to the extent that the SCPD and TSPP are administrative arms that cannot be sued separate and apart from their respective municipalities and the claims against them are therefore dismissed. The motions for summary judgment are denied to the extent that the Plaintiffs Monell claims and state law claims against Suffolk and Smithtown shall be presented to the jury. SEE ATTACHED DECISION for details. Ordered by Judge Arthur D. Spatt on 1/9/2018. (Coleman, Laurie)