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14-1244 - Kavanaugh v. Village of Green Island et al


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14-1244 - Kavanaugh v. Village of Green Island et al
December 30, 2016
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MEMORANDUM-DECISION & ORDER granting in part and denying in part 109 Motion to Dismiss for Failure to State a Claim; that pltf's official capacity claims against New York State Trooper ERic Johnson are DISMISSED; that pltf's claims under New York State law for assault, battery, and intentional infliction of emotional distress, Counts Two, Three, and Four of the Second Amended Complaint, are DISMISSED as against New York State Trooper Eric Johnson; that pltf's claim under 1983 for denial of substantive due process under the Fifth and Fourteenth Amendments, Count Twelve of the Second Amended Complaint, is DISMISSED as against New York State Trooper Eric Johnson; that deft New York State Trooper ERic Johnson's motion to dismiss is otherwise DENIED; that defts City of Albany's and City of Albany Police Officer Anthony Scalise's 110 Motion to Dismiss is granting in part and denying in part; that pltf's official capacity claims against City of Albany Police Officer Anthony Scalise are DISMISSED; that pltf's claim for failure to intervene, Count Nine of the Second Amended Complaint, is DISMISSED as against City of Albany Police Officer Anthony Scalise only to the extent it is asserted under New York State law; and that defts City of Albany's and City of Albany Police Officer Anthony Scalise's motion to dismiss is otherwise DENIED. Signed by Judge Brenda K. Sannes on 12/30/2016. (see)
February 22, 2018
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inst Officers Johnson and Rice are claims under 42 U.S.C. 1983 for excessive force and/or failure to intervene and state law claims for assault, battery, negligence, and failure to intervene; that the claim that remains against Officer Scalise is a sMEMORANDUM-DECISION & ORDER that deft City of Albany's 183 Motion for Partial Summary Judgment is GRANTED; that deft Green Island's 188 Motion for Summary Judgment is granting in part and denying in part; that the claims that remain agaection 1983 claim for failure to intervene; that the claims that remain against the Village of Greene Island are state law claims for vicarious liability; and that no claims against the City of Albany remain and therefore the City of Albany is DISMISSED as a deft. Signed by Magistrate Judge Daniel J. Stewart on 2/22/2018. (see)