Green v. Mattingly et al
Filing 96
MEMORANDUM AND ORDER: Defendants' motion to dismiss is granted in part. All of plaintiffs' § 1983 claims based on the removal of T.C. from Green's custody are dismissed with prejudice, except for: 1) Fourteenth Amendment claims ag ainst Saladino for violations of procedural due process, and 2) Fourth Amendment claims against Saladino brought by Green on behalf of T.C. Further, the Court denies the motion with respect to § 1983 claims against Saladino, Williams and Banks b ased on the alleged failure to notify foster care of T.C.'s medical needs. All federal claims against the City and Mattingly, however, are dismissed with prejudice. The parties are directed to contact Magistrate Judge Pollak to arrange for a sta tus conference, to complete any open discovery and to advise the Court within 30 days of the conclusion of outstanding discovery whether any party intends to move for summary judgment. Ordered by Judge Eric N. Vitaliano on 9/22/2010. (Brucella, Michelle)
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