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16-391 - Fahlund v. Nassau County et al

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16-391 - Fahlund v. Nassau County et al
July 14, 2017
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MEMORANDUM OF DECISION AND ORDER - For the reasons stated above, the Plaintiffs 22 motion to amend his complaint pursuant to Rule 15 is granted in part, and denied in part. It is granted to the extent that Officers Landman, Vega, Coppola, Siraco, and Scicutella are substituted as named Defendants for the previous John Doe defendants; the Plaintiffs Section 1983 claims, New York State constitutional violation claims, negligent infliction of emotional distress, and negligence may proceed against all of them; and the Plaintiffs claims for false arrest, false imprisonment, and IIED may proceed against Officer Scicutella. It is denied to the extent that the Plaintiffs claims for false imprisonment, false arrest, IIED, and malicious prosecution against Officers Landman, Vega, Coppola and Siraco may not proceed because they are time-barred; and his malicious prosecution claim against Officer Scicutella may not proceed because the Plaintiff failed to state a claim upon which relief can be granted. The official case caption is to be amended as follows: (see Order). This case is respectfully referred to United States Magistrate Judge Anne Y. Shields for the remainder of discovery. So Ordered by Judge Arthur D. Spatt on 7/14/2017. Terminating 21 Motion to Amend/Correct/Supplement as moot (duplicative of DE #22). (Coleman, Laurie)