Terry v. County of Schoharie et al

Filing 30

ORDER: It is ORDERED that Defendants County of Schoharie and The Board of Supervisors of the County of Schoharie # 26 Motion for Summary Judgment is GRANTED in part. Plaintiffs federal claims for First Amendment Retaliation, Procedural Due Process , Equal Protection/Disparate Treatment, and Monell are DISMISSED. Supplemental jurisdiction is DECLINED over plaintiffs state law claim. It is further ORDERED that the case is remanded back to the New York State Supreme Court, Schoharie County. The Clerk is directed to close the file. Signed by Judge David N. Hurd on 6/3/2016. (mc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
-------------------------------ALICIA TERRY,
Plaintiff,
v.
1:15-CV-367
COUNTY OF SCHOHARIE and THE
BOARD OF SUPERVISORS OF THE
COUNTY OF SCHOHARIE,
Defendants.
-------------------------------APPEARANCES:

OF COUNSEL:

TABNER, RYAN & KENIRY, LLP
Attorneys for Plaintiff
18 Corporate Woods Boulevard
Albany, NY 12211

BRIAN M. QUINN, ESQ.
WILLIAM RYAN , JR., ESQ.

LEMIRE JOHNSON, LLC
Attorneys for Defendants
P.O. Box 2485
2534 Route 9
Malta, NY 12020

APRIL J. LAWS, ESQ.
GREGG T. JOHNSON, ESQ.
BRADLEY J. STEVENS, ESQ.

DAVID N. HURD
United States District Judge

ORDER
Pursuant to the oral decision of the Court, entered into the record after hearing oral
argument on June 3, 2016, in Utica, New York, it is hereby
ORDERED that

1. Defendants County of Schoharie and The Board of Supervisors of the County of
Schoharie's motion for summary judgment is GRANTED in part;
2. Plaintiff's federal claims for First Amendment Retaliation, Procedural Due
Process, Equal Protection/Disparate Treatment, and Monell are DISMISSED;
3. Supplemental jurisdiction is DECLINED over plaintiff's state law claim;
4. This case is remanded back to the New York State Supreme Court, Schoharie
County; and
5. The Clerk is directed to close the file.
IT IS SO ORDERED

Dated: June 3, 2016
Utica, New York.

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