Contant v. City of New York et al

Filing 91

ORDER ADOPTING REPORT AND RECOMMENDATIONS: Defendants' motion for summary judgment is GRANTED as to Plaintiff's claims for conspiracy; any claims under State law; claims for malicious prosecution, and the right to a fair trial against Offic ers Lang, Deighan, and Miller; and claims against the Property Clerk. Defendants' motion for summary judgment is DENIED as to Plaintiff's due process claim against all Defendants except the Property Clerk. Plaintiff's Fourteenth Amendm ent claims, as well as all his claims against Officer Wilson, should proceed. Plaintiff's motion to expedite ruling on summary judgment, dated March 6, 2012, is deemed moot in light of this Court's ruling. Ordered by Judge William F. Kuntz, II on 4/9/2012. (Brucella, Michelle)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ISAN CONTANT,
Plaintiff,
-againstCITY OF NEW YORK; POLICE OFFICER WILLIAM
WILSON; SERGEANT DESMOND MILLER;
SEARGEANT EDWARD DEIGHAN; POLICE OFFICER:
LANG; POLICE OFFICER CHAPMAN; and THE
PROPERTY CLERK OF THE NEW YORK CITY
POLICE DEPARTMENT

ORDER ADOPTING
REPORT AND
RECOMMENDATION
09-CV-2851 (WFK)(LB)

Defendants.

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KUNTZ, United States District Judge
This Court has reviewed the Report and Recommendation of Magistrate Judge Lois
Bloom, dated March 16,2012, addressing the motion for summary judgment by Defendants City
of New York, Sergeant Desmond Miller ("Sergeant Miller"), Police Officer William Wilson
("Officer Wilson"), Sergeant Edward Deighan ("Sergeant Deighan"), Police Officer Lang
("Officer Lang"), Police Officer Chapman ("Officer Chapman"), and the Property Clerk of the
New York City Police Department ("Property Clerk") (collectively the "Defendants").

No

objections have been filed. This Court hereby adopts the Report and Recommendation in its
entirety.
Defendants' motion for summary judgment is GRANTED as to Plaintiffs claims for
conspiracy; any claims under State law; claims for malicious prosecution, and the right to a fair
trial against Officers Lang, Deighan, and Miller; and claims against the Property Clerk.
Defendants' motion for summary judgment is DENIED as to Plaintiffs due process claim

against all Defendants except the Property Clerk. Plaintiffs Fourteenth Amendment claims, as
well as all his claims against Officer Wilson, should proceed. Plaintiffs motion to expedite
ruling on summary judgment, dated March 6, 2012, is deemed moot in light of this Court's
ruling.

SO ORDERED
Dated: Brooklyn, New York
April 9, 2012

s/WFK

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