Boans v. Town of Cheektowaga et al

Filing 45

ORDER adopting Magistrate Judge Foschio's Report and Recommendation 40 issued on December 4, 2013. Defendants' motion for summary judgment 32 is denied in part and granted in part as detailed in the attached Decision and Order. The matter is referred back to Magistrate Judge Foschio for further proceedings. Signed by Hon. Richard J. Arcara on 3/14/2014. (LAS)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

RUDOLPHUS BOANS, JR.,
Plaintiff,
v.

DECISION AND ORDER
09-CV–37

TOWN OF CHEEKTOWAGA,
TOWN OF CHEEKTOWAGA POLICE
DEPARTMENT, and
POLICE OFFICERS BRIAN R. GRAY and
JAMES DAVIS,
Defendants.

The instant matter was referred to Magistrate Judge Leslie G. Foschio
pursuant to 42 U.S.C. §636(b)(1) for supervision of all pre-trial proceedings. On
June 29, 2012, defendants filed a motion for summary judgment pursuant to Rule
56 of the Federal Rules of Civil Procedure. (Dkt. No. 32) On December 4, 2013,
Magistrate Judge Foschio issued a detailed and comprehensive 36-page Report
and Recommendation recommending that defendants’ motion for summary
judgment be granted as to: (1) plaintiff’s Section 1983 claims against the Town of
Cheektowaga and the Town of Cheektowaga Police Department; (2) plaintiff’s
claims pursuant to the Seventh Amendment and Eighth Amendment; (3) plaintiff’s
Section 1983 and common law malicious prosecution claims; and (4) plaintiff’s
substantive due process claims under the Fifth Amendment and Fourteenth
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Amendment. (Dkt. No. 40) Magistrate Judge Foschio recommended that
summary judgment be denied as to plaintiff’s Fourth Amendment and common
law unlawful arrest claims. Id.
Plaintiff filed objections to Magistrate Judge Foschio’s Report and
Recommendation on December 18, 2013. (Dkt. No. 41) Defendants filed a reply
on January 2, 2014. (Dkt. No. 42) Oral argument was held on February 27,
2014, at which time the Court considered the matter submitted.
Pursuant to 28 U.S.C. §636(b)(1), this Court must make a de novo
determination of those portions of the Report and Recommendation to which
objections have been made. Upon de novo review, and after reviewing the
submissions from the parties and hearing oral argument, the Court hereby adopts
Magistrate Judge Foschio’s findings in their entirety.
Accordingly, for the reasons set forth in Magistrate Judge Foschio’s Report
and Recommendation, defendants’ motion for summary judgment is denied as to
plaintiff’s Fourth Amendment and common law unlawful arrest claims, but granted
as to all other claims.
The matter is referred back to Magistrate Judge Foschio for further
proceedings.

SO ORDERED.

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Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
Dated: March 14, 2014

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