Berrio v. City Of New York et al

Filing 21

OPINION AND ORDER re: 11 MOTION to Dismiss filed by City Of New York: For the reasons set forth above, the City's motion to dismiss the Complaint is granted in part and denied in part as follows: Plaintiff's causes of action under the Equal Protection Clause and for malicious prosecution, excessive use of force, intentional infliction of emotional distress, negligence, and negligent infliction of emotional distress are dismissed without prejudice except as identified above. Plaintiff's causes of action for defamation, slander per se, and negligent hiring, training, and supervision are dismissed in part. Plaintiff's common law cause of action for false imprisonment and related claim s under the United States and New York State constitutions are not dismissed. The Court will hold a status conference in this matter on January 30, 2017, at 10:15 a.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. (Signed by Judge Andrew L. Carter, Jr on 1/9/2017) (tn)