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15-849 - Brown v. Oneida County et al


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15-849 - Brown v. Oneida County et al
August 12, 2016
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MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to Dismiss (Dkt. No. 10) is GRANTED in part as to claims against Oneida County and its departments, claims of supervisory liability, and attorney fees, and DENIED in part, as to Plaintiffs claims of malicious prosecution, false arrest, and unlawful strip search against the individual Defendants in their individual capacities; and it is further ORDERED, that Defendants Motion to Dismiss (Dkt. No. 10) is DENIED as moot in part as to all New York state law tort claims and claims of malicious abuse of process; and it is further ORDERED, that Oneida County, Oneida County District Attorneys Office, Oneida County Police Department, Oneida County Sheriffs Department, Oneida County Correctional Facility, and Sergeant John Doe are terminated as Defendants; and it is further ORDERED, that Plaintiffs Motion to Amend (Dkt. No. 19) is GRANTED; and it is furtherORDERED, that Plaintiff file an amended complaint within thirty (30) days consistent with this Memorandum-Decision and Order that will be deemed the operative pleading in this action. Signed by Senior Judge Lawrence E. Kahn on August 12, 2016. (sas)