Payne v. Jones et al

Filing 62

ORDER: defts' 32 Motion for Summary Judgment is GRANTED w/regard to the incident at Faxton Hospital and all claims regarding Faxton Hospital are DISMISSED; defts' motion for summary judgment is DENIED in all other respects; deft Brandon J ones' 51 Motion to Bifurcate is GRANTED; trial against deft Brandon Jones and John Abel will proceed on 9/14/09 as previously scheduled. Immediately following a verdict against either or both individual defts, trial of the Monell claims will proceed against defts Pylman, City of Utica and Utica Police Department. Signed by Judge David N. Hurd on 6/30/09. (cbm, )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------JAMES EDWARD PAYNE, Plaintiff, -vOFFICER BRANDON JONES, OFFICER JOHN ABEL, C. ALLEN PYLMAN, CITY OF UTICA AND CITY OF UTICA POLICE DEPARTMENT, Defendants. -------------------------------6:08-CV-143

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 30, 2009, in Utica, New York, it is hereby ORDERED that 1. Defendants' motion for summary judgment is GRANTED with regard to the incident at Faxton Hospital and all claims regarding Faxton Hospital are DISMISSED; 2. Defendants' motion for summary judgment is DENIED in all other respects; 3. Defendant Brandon Jones's motion to bifurcate is GRANTED; and

4. The trial against defendants Brandon Jones and John Abel will proceed on September 14, 2009, as previously scheduled. Immediately following a verdict against either or both individual defendants, trial of the Monell claims will proceed against the defendants C. Allen Pylman, City of Utica, and City of Utica Police Department. IT IS SO ORDERED.

Dated: June 30, 2009 Utica, New York.

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