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17-1213 - Thomas v. Heid et al


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17-1213 - Thomas v. Heid et al
December 6, 2017
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REPORT-RECOMMENDATION and ORDER: Recommended that the following claims be dismissed with prejudice: 1) Pltf's false arrest/unlawful imprisonment claim against Deft Rundell; 2) Pltf's malicious prosecution claim against Deft Soares and Sharp; and 3) Pltf's slander and defamation claims against Defts Times Union and Clukey. Also Recommended: that Pltf's Monell claim against Deft City of Albany be dismissed without prejudice; Pltf's malicious prosecution claims be allowed to proceed against Defts Cornell and Heid; If the above recommendations are adopted, that Defts Rundell, Soares, Sharp, Times Union, Clukey, and Albany Police Dept be dismissed as Defts. Objections to R&R due by 12/26/2017, Case Review Deadline 12/27/2017. Signed by Magistrate Judge Daniel J. Stewart on 12/6/17. (Copy served via regular mail)(sfp, )
April 12, 2018
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MEMORANDUM-DECISION AND ORDER adopting 5 REPORT AND RECOMMENDATIONS.Dismissing Pltf's malicious prosecution claim against Defts Soares and Sharp and and also dismissing Pltf's slander and defamation claims against Defts Times Union and Clukey. Dismissing Pltf's Monell claim against Deft City of Albany. Pltf's malicious prosecution claims shall be allowed to proceed against Defts Cornell and Heid. Clerk shall issue Summonses and forward them, along with copies of the Complaint, GO 25, this Order, and the 5 R&R to the USM for service upon Defts Cornell and Heid. Signed by U.S. District Judge Mae A. D'Agostino on 4/12/18. (Copy served via regular mail)(sfp, )