Ashley v. The City of New York et al

Filing 87

MEMORANDUM & ORDER, Plaintiff's 81 Motion for Reconsideration is DENIED. So Ordered by Judge Nicholas G. Garaufis on 12/5/2018. (Lee, Tiffeny)

P/P
FILED
IN CLERK'S OFFICE

U.S. DISTRICT COURT E.D.N.Y.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

^
-X

DEC 06 2018

5

BROOKLYN OFFICE

DUSHANNE ASHLEY,
MEMORANDUM & ORDER

Plaintiff,

14-CV-5559(NGG)
(SMG)
-againstTHE CITY OF NEW YORK,DETECTIVE
JASON JONES,shield #6490, DETECTIVE

MIKE CIVIL,shield #2114,SERGEANT LUKE
DENESOPOLIS,shield #392,and POLICE
OFFICER JANE/JOHN DOE(S)rs 1-10,
Defendants.
-X

NICHOLAS G. GARAUFIS,United States District Judge.

On July 7, 2017,this court issued a Memorandum and Order (the"M&O")granting in

part and denying in part Defendant's motions for summaryjudgment and denying Plaintiffs
cross-motions for summary judgment. (July 7,2017, Mem.& Order("M&O")(Dkt. 67).) On

May 8,2018,Plaintiff moved for reconsideration ofthe court's conclusion in the M&O that there
remained a genuine issue offact as to whether Plaintiffs deprivation ofliberty came "as a result"
of Defendant Civil's actions. (Mot.for Recons.("PI. Mot.")(Dkt. 81); Mem.in Supp. of Mot.

("PI. Mem.")(Dkt. 82).) The court has reviewed Plaintiffs motion for reconsideration and
jconcludes that it lacks merit. Accordingly,the motion is DENIED.
I.

BACKGROUND

The court provides a short summary ofthe facts pertinent to the motion for
reconsideration.^ Except as otherwise indicated, the facts in this section are not in dispute.

^ The facts are set forth in greater detail in the M&O,as well as the Report and Recommendation("R&R")filed on
April 17,2017, by Magistrate Judge Steven L. Gold. ((M&O at 2-4);(R&R(Dkt. 59)at 2-5).)
1

s/Nicholas G. Garaufis