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06-1278 - Fera v. The City of Albany et al


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06-1278 - Fera v. The City of Albany et al
July 30, 2008
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ORDER granting in part and denying in part 37 Motion for Summary Judgment. It is hereby ORDERED, that Defendants' Motion for summary judgment (Dkt. 37) on the claims under 42 U.S.C. § 1983 is GRANTED as to the City of Albany, the Albany Police Department, Defendant LaRose in his individual and official capacity, and as to Defendants Colbert, Santaski, Singh, and Sprague in their official capacity only, and is otherwise DENIED; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt No. 37) on the claims under Title II of the Americans with Disabilities Act is GRANTED a to the individual Defendants and DENIED as to Defendants City of Albany and Albany Police Department; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt No. 37) on the claim under § 296 of the New York Executive Law is DENIED; and it is further ORDERED, that the Motion for summary judgment (Dkt No. 37) on the claims of intentional infliction of emotional distress is GRANTED as to Defendant LaRose and is otherwise DENIED; and it is further ORDERED, that the Defendants' Motion for summary judgment (Dkt No. 37) on the state constitutional claims is GRANTED; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt No. 37) on the negligence claims is DENIED, and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt 37) on the negligent infliction of emotional distress claim is DENIED; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt No. 37) on the assault and battery claims against Defendant LaRose is GRANTED and is otherwise DENIED; and it is further ORDERED, that in all other respects, Defendants' Motion for summary judgment (Dkt No. 37) is DENIED; and it is further ORDERED, that the Clerk serve a copy of this Order on the parties in accordance with the Local Rules.Signed by Senior Judge Lawrence E. Kahn on 7/30/2008.(mgh)