Brown v. The City of New York et al

Filing 75

MEMORANDUM AND OPINION re: 63 MOTION to Dismiss Certain Claims in the Amended Complaint filed by Daniel O'Connell, Brian Suprenant, Jose F. Freire, Joseph Ponte, Raymond A. Beltz, Ronald Rudolph, R. James, Fearri, Grinkle y, Felipe Laboriel, Beltz, Regina James, Kenyonda Grinkley, The City of New York, Skepple, Edwin Skepple, Tretjen: For the foregoing reasons, Defendants' motion to dismiss certain claims in the amended complaint is granted in part an d denied in part. All of Brown's claims against the Individual Defendants in their official capacities are dismissed. All of Brown's § 1983 claims against Commissioner Ponte and CO Freire are dismissed for lack of personal involvement. Brown's § 1983 claims for deliberate indifference only are also dismissed as to Warden Suprenant, Deputy Warden Laboriel, Deputy Warden O'Connell, Assistant Deputy Warden Beltz, Captain Skepple, and CO Tietjen. Brown's claims und er the New York State Constitution against the Individual Defendants are dismissed. Brown's claim against the City for negligent hiring and retention is dismissed. Brown's state law tort claims against Commissioner Ponte, Warden Suprenant, Deputy Warden O'Connell, Captain Rudolph, and CO Tietjen are dismissed. All other claims in the amended complaint remain. Brown's motion for reconsideration is denied. This opinion resolves the items listed at docket numbers 63 and 73. (Signed by Judge Thomas P. Griesa on 4/17/2017) (jwh)