Ramadhan v. Onondaga County et al

Filing 48

ORDER: It is ordered that the # 34 Motion for Summary Judgment is granting in part and denying in part. Plaintiff's section 1983 and Title VI claims are dismissed. This matter shall proceed to trial on plaintiff's claims under state law of assault, battery, negligence and negligent failure to train and supervise. Signed by Magistrate Judge George H. Lowe on 12/30/11. (jmb)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK _____________________________________________ MAPARO RAMADHAN, Plaintiff, 5:10-CV-103 (GHL) v. ONONDAGA COUNTY, ONONDAGA COUNTY SHERIFF’S OFFICE, KEVIN WALSH, in his official capacity as Onondaga County Sheriff, LORENZO BOOKER, WILLIAM PUFKY, TODD CERIO, KATHLEEN VICKERS, JOSEPH O’NEIL, KEVIN MOORE, JANE DEMARCO, ROBERT WOLFE, DOUGLAS PANINSKI, ANTHONY GORGONI, CHRIS WILSON, NEAL DESTEFANO, and ALEX CAPRILOZZI, all in their official capacities as employees of the Onondaga County Sheriff’s Office, and DONNA CONKLIN and NURSE SHIELDS, in their official capacities as nurses employed by Onondaga County, Defendants. _____________________________________________ APPEARANCES: OF COUNSEL: LEGAL SERVICES OF CENTRAL NEW YORK 472 South Salina Street Suite 300 Syracuse, NY 13202 SAMUEL C. YOUNG, ESQ. GORDON J. CUFFY, ESQ. ONONDAGA COUNTY ATTORNEY 421 Montgomery Street, 10th Floor Syracuse, NY 13202 MARY J. FAHEY, ESQ. JOHN W. SHARON, ESQ. GEORGE H. LOWE, United States Magistrate Judge ORDER Currently pending before the Court is Defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Dkt. No. 34.) Plaintiff filed a response, (Dkt. No. 38) Defendants filed a reply, (Dkt. No. 41) and, with the Court’s permission, Plaintiff filed a surreply. (Dkt. No. 46.) For reasons that will be set forth in a Memorandum-Decision to be filed shortly, Defendants’ motion is granted in part and denied in part. ACCORDINGLY, it is ORDERED that Defendants' motion for summary judgment (Dkt. No. 34) is GRANTED in part and DENIED in part; and it is further ORDERED that Plaintiff’s § 1983 and Title VI claims are dismissed; and it is further ORDERED that this matter is to proceed to trial on Plaintiff’s claims under state law of assault, battery, negligence, and negligent failure to train and supervise. IT IS SO ORDERED. Dated: December 30, 2011 Syracuse, New York

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