Case Details

CourtSouthern District of New York
Docket number1:11-cv-03297-ER
Date case filed
Date case closed
Date of latest filing
Assigned to
Case cause42:1983 Civil Rights Act
Nature of suitCivil Rights: Other
Jury demand
Demand
Jurisdiction

Case Parties

None listed

Case Docket

Docket
Item
Date FiledDocument
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Short
Description
Long Description
302013-07-31 OPINION AND ORDER re: 19 FIRST MOTION for Summary Judgment filed by Robert Card. For the reasons set forth above, Defendant's motion for summary judgment is GRANTED in part and DENIED in part. The Court GRANTS summary judgment for Defendant on Plaintiffs' claims for: (1) false arrest of Kevin O'Donnell; (2) false arrest of Michele O'Donnell; (3) malicious prosecution of the assault charge against Kevin O'Donnell; (4) malicious prosecution of the resisting arrest charge against Kevin O'Donnell; and (5) malicious prosecution of the obstructing governmental administration charge against Michele O'Donnell. The Court DENIES summary judgment for Defendant on Plaintiffs' claim for malicious prosecution of the disorderly conduct charge against Kevin O'Donnell. Accordingly, the remaining claims for trial are (1) the malicious prosecution of the disorderly conduct charge against Kevin O'Donnell and (2) the use of excessive force during his arre st. The Clerk of the Court is respectfully directed to terminate the pending motion. Doc. 19. The parties are instructed to file their joint pre-trial order no later than August 27, 2013 and to appear for a pre-trial conference on September 4, 2013 at 9:30 a.m., at which a final pretrial conference date and trial date will be set. (Signed by Judge Edgardo Ramos on 7/26/2013) (ft) Modified on 7/30/2013 (ft).