Castro v. City of New York et al

Filing 92

ORDER granting in part and denying in part 81 Motion for Summary Judgment. For the reasons that will be articulated in an Opinion that will follow, the Court hereby grants summary judgment to all Defendants with respect to Plaintiff's deni al of medical care claims, and grants summary judgment to the City of New York, Defendant Ortiz, and Defendant Mowatt with respect to Plaintiff's excessive force claims. The Court denies summary judgment, however, to Defendant Smith and Defen dant Duggins with respect to the excessive force claims. The Court will clarify the parameters of the ruling, as well as discuss next steps, at a telephone conference that will be held on October 9, 2020 at 12:30 PM. The parties shall use the dial -in information provided below to call into the conference: Call-in Number: [phone]; Access Code: 1015508. This conference line is open to the public. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Ent ry 81 and to dismiss the City of New York, Defendant Ortiz, and Defendant Mowatt from this case. The Clerk of Court is also respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED.. (Signed by Judge Ronnie Abrams on 9/28/2020) (rj) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDC-SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC#:
DATE FILED: 9/28/2020

MARCELINO CASTRO,
Plaintiff,
v.

No. 16-CV-8147 (RA)

CITY OF NEW YORK, CAPTAIN JANET
SMITH, CORRECTIONS OFFICER
OCTAVIAN DUGGINS, CORRECTIONS
OFFICER LEISHA ORTIZ, CORRECTIONS
OFFICER TRISHANN MOWATT,

ORDER

Defendant
RONNIE ABRAMS, United States District Judge:
For the reasons that will be articulated in an Opinion that will follow, the Court hereby
grants summary judgment to all Defendants with respect to Plaintiff’s denial of medical care
claims, and grants summary judgment to the City of New York, Defendant Ortiz, and Defendant
Mowatt with respect to Plaintiff’s excessive force claims. The Court denies summary judgment,
however, to Defendant Smith and Defendant Duggins with respect to the excessive force claims.
The Court will clarify the parameters of the ruling, as well as discuss next steps, at a
telephone conference that will be held on October 9, 2020 at 12:30 PM. The parties shall use the
dial-in information provided below to call into the conference: Call-in Number: [phone];
Access Code: 1015508. This conference line is open to the public.

The Clerk of Court is respectfully directed to terminate the motion pending at Docket
Entry 81 and to dismiss the City of New York, Defendant Ortiz, and Defendant Mowatt from this
case. The Clerk of Court is also respectfully directed to mail a copy of this Order to Plaintiff.
SO ORDERED.
Dated:

September 28, 2020
New York, New York
Ronnie Abrams
United States District Judge

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