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15-5598 - Perros et al v. County of Nassau et al


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15-5598 - Perros et al v. County of Nassau et al
February 24, 2017
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MEMORANDUM AND ORDER granting in part and denying in part 38 Motion to Dismiss for Failure to State a Claim. For the reasons stated herein, Defendants' motion to dismiss is granted in part and denied in part. Specifically, the motion is granted with respect to Plaintiffs' due process, Second Amendment, ADA and Rehabilitation Act claims, and those claims are hereby dismissed. In addition, Defendants' motion is also granted with respect to Plaintiffs' state law claims for tortious interference with prospective contractual advantage and gross negligence and those claims are also dismissed. Finally, because the Nassau County Police Department and the Nassau County Sheriffs Department are not suable entities, all claims against them aredismissed in their entirety. In all other respects, Defendants' motion to dismiss is denied and this action shall continue solely with respect to Plaintiffs' equal protection and municipal liability claims. (Ordered by Judge Leonard D. Wexler on 2/24/2017.) (Fagan, Linda)