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)

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