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06-1418 - Page v. Meeker et al


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06-1418 - Page v. Meeker et al
May 19, 2008
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ORDER granting in part and denying in part the #13 Motion for Summary Judgment: plaintiff's claims as against David Meeker, Jr. and Sergeant Steve Albro for unlawful arrest and unlawful entry, under the 4th and 14th Amendments, 42 USC 1983 and NY common law, are DISMISSED; defendants' motion for summary judgment dismissing plaintiff's claims as against David Meeker, Jr. and Sergeant Steve Albro for use of excessive force is DENIED as triable issues of material fact exist and defendants' request of the dismissal of plaintiff's claims on the basis of qualified immunity is DENIED; Defendants' motion to dismiss plaintiff's claims as against David Meeker, Sr., Chief of the Oneida City Police Department, the City of Oneida, and the City of Oneida Police Department is GRANTED and all claims as to these parties are DISMISSED; it is further ordered that as to David Meeker, Jr. and Sergeant Steve Albro, the remaining, surviving claims contained within plaintiff's complaint, including claims of excessive force and for battery will be set down for trial at a date to be determined following a final pretrial conference to be scheduled in the case. Signed by Magistrate Judge David E. Peebles on 5/19/08. (lmw)