Farganis v. Town of Montgomery et al

Filing 42

MEMORANDUM DECISION AND ORDER...The Court adheres to its previousconclusion that the record is replete with triable factual issues including, but not limited to, whether plaintiff's arrest was motivated by either discriminatory animus or ill will due to her disability. Accordingly, defendant's motion for reconsideration is denied. So Ordered. (Signed by Magistrate Judge George A. Yanthis on 10/14/09) (fk)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------X PEGGY FARGANIS, Plaintiff, -againstTOWN OF MONTGOMERY, Defendant. -----------------------------------------------------------X Plaintiff Peggy Farganis has Multiple Sclerosis, as a result of which her speech is slurred, she has weakness in her lower extremities, her balance is compromised, she walks with a limp and her foot drags when she walks. On March 18, 2005, plaintiff was arrested and charged with Endangering the Welfare of a Child. On or about July 11, 2006, plaintiff commenced the instant action against the Town of Montgomery and several of its police officers, alleging disability discrimination pursuant to Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12132 et seq., the Rehabilitation Act ("RA"), 29 U.S.C. § 794, and the Equal Protection clause of the Fourteenth Amendment, as made actionable by 42 U.S.C. § 1983. On or about December 21, 2007, plaintiff commenced a second action alleging false arrest, malicious prosecution and violation of procedural due process against three of the individual police officers named in the original action. Both actions were thereafter consolidated.1 By Memorandum Decision and Order dated August 20, 2008, the undersigned granted defendants' motions (1) to dismiss plaintiff's procedural due process claim and (2) for summary judgment on plaintiff's claims for false arrest and malicious prosecution. This action is before me for all purposes on the consent of the parties, pursuant to 28 U.S.C. §636(c).
1

MEMORANDUM DECISION AND ORDER 06 Civ. 5238 (GAY)