Sutton v. City of Syracuse Police Department et al

Filing 38

ORDER granting in part and denying in part 25 Motion for Summary Judgment; and the City of Syracuse and Stephen Bear shall be the only parties named in the caption for this action.Signed by Judge David N. Hurd on 7/9/2009. (see)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TIFFANY SUTTON Plaintiff, -vCITY OF SYRACUSE; STEPHEN BEAR, in his individual and official capacity, Defendants. -------------------------------5:08-CV-410-DNH-GHL 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 July 9, 2009, in Utica, New York, it is hereby ORDERED that (1) defendant's motion for summary judgment is GRANTED as to the following claims and these claims are DISMISSED: (a) plaintiff's claims for false arrest and unreasonable search and seizure to the extent those claims assert violations of plaintiff's rights under the Fifth and Fourteenth Amendments; (b) plaintiff's claim for intentional infliction of emotional distress to the extent that claim is asserted against the City of Syracuse; (2) defendant's motion for summary judgment as to all other claims is DENIED; and (3) The City of Syracuse and Stephen Bear shall be the only parties named in the caption for this action. IT IS SO ORDERED. Dated: July 9, 2009 Utica, New York -2-

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