Leibovitz v. Ferrara et al

Filing 100

OPINION ADOPTING REPORT & RECOMMENDATION: As the Court adopts the Report in its entirety, the motions to dismiss filed by District Attorney Vance and the New York State Defendants are granted, except with respect to Plaintiff's claims of assau lt and battery against Court Officer Rapaglia. As the deficiencies in the SAC "cannot be remedied by repleading," this Court finds that amendment would be futile and dismisses these claims with prejudice. Report at 58. Further, Plaintiff& #039;s motion for a preliminary injunction is also denied. Remaining in this action, therefore, are (i) Plaintiff's claims against Court Officer Rapaglia for excessive force, assault, and battery; (ii) Plaintiff's claims against Court Of ficers Tusa and Daley for failure to intervene in Rapaglia's alleged excessive force; and (iii) Plaintiff's claims against the City of New York and Detective Marisa Valle, including those subject to the pending motion to dismiss. The Clerk of Court is respectfully directed to close the motions at docket entries 35, 49, and 62. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 3/21/2016) (cf)