Amid v. Chase et al

Filing 122

ORDER granting in part and denying in part 110 Motion for Summary Judgment. For the reasons stated herein, the Court deems Plaintiffs failure to intervene claim to be abandoned and Defendants are granted summary judgment solely with respect to that claim. In all other respects, Defendant's motion for summary judgment is denied. (Ordered by Judge Leonard D. Wexler on 5/18/2016.) (Fagan, Linda)

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FILED
IN CLERK'S OFFICE
U S DISTRICT COURT E D NY

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

* MAY 18 2016 *
LONG ISLAND OFFICE

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FARAH AMID,

Plaintiff,

ORDER

cv 14-3151

-against-

(Wexler, J.)

Police Officer THOMAS R. LAMB (in his
individual capacity), Police Sergeant
SHAUN C. MCKEE (in his individual
capacity), and Police Sergeant JEFFREY A.
DOVE (in his individual capacity),
Defendants.

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This is a civil rights action arising out of an incident that occurred between the Plaintiff
and the Defendant law enforcement officers at Plaintiffs residence on May 27, 2012. Plaintiff
asserts claims for false arrest and imprisonment, unlawful search, excessive force, and failure to
intervene, pursuant to 42 U.S.C. § 1983. Presently before the Court is Defendants' motion for
summary judgment.
Having reviewed the papers in support of and in opposition to Defendants' motion for
summary judgment, the Court fmds that genuine issues of material fact exist with respect to
Plaintiffs claims for false arrest and imprisonment, unlawful search and excessive force. The
evidence submitted by the parties presents two starkly different accounts of what occurred at
Plaintiffs residence on May 27,2012. Such issues offact preclude the entry of summary
judgment at this time.
With respect to Plaintiffs claim for failure to intervene, however, the Court grants
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Defendants' motion for summary judgment since Plaintiff failed to address the claim in her
opposition to the within motion or in any way rebut the arguments submitted by Defendants.
"Federal courts may deem a claim abandoned when a party moves for summary judgment on one
ground and the party opposing summary judgment fails to address the argument in any way."
Maher v. Alliance Mortgage Banking Corp., 650 F. Supp. 2d 249,267 (E.D.N.Y. 2009)
(quotation omitted) (citing cases); Ostroski v. Town of Southold, 443 F. Supp. 2d 325,340
(E.D.N.Y. 2006) ("Because plaintiffs opposition papers did not address defendants' motion for
summary judgment on this claim, the claim is deemed abandoned and summary judgment could
be granted on that basis alone.").
Based on the foregoing, the Court deems Plaintiffs failure to intervene claim to be
abandoned and Defendants are granted summary judgment solely with respect to that claim. In
all other respects, Defendant's motion for summary judgment is denied.

SO ORDERED:

Dated: Central Islip, New York
May 18,2016

_ _ _ __:Is/_ _ _ _ _ _ __
LEONARD D. WEXLER
United States District Judge

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