Brown v. New York City Police Department et al

Filing 97

CLERK'S AMENDED JUDGMENT amending 96 Order on Motion for Summary Judgment in favor of Captain Firsov, City of New York, Covinton, Dail, Afsi Khot, Anthony Kempinski, Kim Li, Rebecca Dunnan, William Doyle against Noel L. Brown. It is hereb y ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 2, 2023, pursuant to the mandate from the Second Circuit, see ECF No. 94, an amended judgment is entered clarifying that the dismissal of Brown's false arrest claims (see ECF No. 66 at 4 - 5 and ECF No. 81 at 2 - 3) under Heck v. Humphrey, 512 U.S. 477 (1994), is without prejudice, while the dismissal of his other claims is with prejudice. Brown's motion for summary judgment in this c losed case is denied as procedurally improper, given that the case has been dismissed. See this Court's previous orders in this case at ECF Nos. 66, 81, 88. (Signed by Clerk of Court Ruby Krajick on 5/2/2023) (Attachments: # 1 Appeal Package) (km)

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Case 1:18-cv-03287-JPO-SLC Document 97 Filed 05/02/23 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X NOEL L. BROWN, -against- Plaintiff, 18 CIVIL 3287 (JPO) AMENDED JUDGMENT ANTHONY KEMPINSKI, et al., Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated May 2, 2023, pursuant to the mandate from the Second Circuit, see ECF No. 94, an amended judgment is entered clarifying that the dismissal of Brown's false arrest claims (see ECF No. 66 at 4 - 5 and ECF No. 81 at 2 - 3) under Heck v. Humphrey, 512 U.S. 477 (1994), is without prejudice, while the dismissal of his other claims is with prejudice. Brown's motion for summary judgment in this closed case is denied as procedurally improper, given that the case has been dismissed. See this Court's previous orders in this case at ECF Nos. 66, 81, 88. Dated: New York, New York May 2, 2023 RUBY J. KRAJICK _________________________ Clerk of Court BY: _________________________ Deputy Clerk

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