Kinder et al v. City of Salamanca et al
Filing
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-CLERK TO FOLLOW UP-ORDER adopting Report and Recommendation re 35 granting in part and denying in part 16 Motion for Summary Judgment. Case is referred back to Magistrate Judge McCarthy for further proceedings. Signed by Hon. Richard J. Arcara on 3/25/2013. (JMB)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
JOSHUA JAMES KINDER and
SHANE MICHAEL GOGEL,
Plaintiffs,
v.
DECISION AND ORDER
10-CV–248
CITY OF SALAMANCA,
SALAMANCA POLICE DEPARTMENT, and
SGT. RHONDA STANTON
Defendants.
The instant case involving causes of action for malicious prosecution and
false imprisonment under state and federal law, violations of Plaintiff’s rights
under the Fourteenth Amendment, negligent supervision, gross negligence, and
negligent infliction of emotional distress was referred to Magistrate Judge
Jeremiah J. McCarthy pursuant to 28 U.S.C. §636(b)(1). On June 30, 2011,
Defendants filed a motion for summary judgment dismissing Plaintiffs’ complaint
pursuant to Federal Rule of Civil Procedure 56. (Dkt. No. 16) On August 2,
2011, Plaintiffs filed a cross motion for leave to amend their complaint. (Dkt. No.
26)
On March 30, 2012, Magistrate Judge McCarthy issued a Report,
Recommendation and Order ordering that Plaintiffs’ motion for leave to amend
the complaint to assert two additional claims pursuant to 42 U.S.C. §1983
(“Section 1983") be granted. (Dkt. No. 31) Further, Magistrate Judge McCarthy
recommended that Defendants’ motion for summary judgment be granted to the
extent of dismissing all claims against the Salamanca Police Department as well
as the Section 1983 and punitive damages claims against the City of Salamanca,
but otherwise denied. Id.
Specifically, Magistrate Judge McCarthy recommended the following: (1)
that this Court dismiss Plaintiffs’ claims against the Salamanca Police
Department because it is not a separate entity subject to suit; (2) that this Court
dismiss Plaintiffs’ request for punitive damages because they are not recoverable
against municipal defendants; (3) that this Court deny summary judgment as to
the claims arising from Sargent Stanton’s grand jury testimony since Sargent
Stanton is not entitled to absolute immunity for her grand jury testimony; (4) that
this Court deny summary judgment as to Plaintiffs’ claims for false arrest,
malicious prosecution, and malice because there exist triable issues of fact and
Sargent Stanton is not entitled to qualified immunity as a matter of law; (5) that
this Court grant summary judgment with respect to Plaintiffs’ Section 1983 claims
against the municipal defendants; and (6) that this Court deny summary judgment
as to Plaintiffs’ state law claims arising from respondeat superior liability,
negligent supervision, gross negligence and negligent infliction of emotional
distress since Defendants failed to argue a basis for their dismissal. Id.
Three days after the Report, Recommendation and Order was filed, the
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United States Supreme Court issued a decision addressing a split in the circuit
courts over whether a witness is entitled to absolute immunity with respect to their
testimony before a grand jury. See Rehberg v. Paulk, 132 S.Ct. 1497 (2012). On
April 2, 2012, Magistrate Judge McCarthy issued a text order staying the deadline
for objections to his Report, Recommendation and Order and inviting the parties
to submit briefs as to whether the Supreme Court’s decision in Rehberg required
reconsideration of his Report, Recommendation and Order. (Dkt. No. 32) Both
Plaintiffs and Defendants submitted briefs in response to Magistrate Judge
McCarthy’s April 2, 2012 text order. (Dkt. Nos. 33 and 34)
On May 10, 2012, Magistrate Judge McCarthy issued an Amended Report
and Recommendation wherein he recommended that, in light of Rehberg and the
parties’ additional submissions, “[P]laintiff’s claims against Sgt. Stanton under 42
U.S.C. §1983 be dismissed to the extent that they are based upon her grand jury
or preliminary hearing testimony.” (Dkt. No. 35) Magistrate Judge McCarthy
stated that, in all other respects, his Report, Recommendation and Order
remained unchanged. Id.
On May 25, 2012, Defendants filed objections to specific findings in
Magistrate Judge McCarthy’s Report and Recommendation. (Dkt. No. 36)
Plaintiffs filed a response to Defendants’ objections on June 19, 2012. (Dkt. No.
38) Defendants filed a reply on June 28, 2012 (Dkt. No. 39), and the Court
deemed the matter submitted.
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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 a de novo review, and after reviewing the
submissions from the parties, the Court hereby adopts Magistrate Judge
McCarthy’s recommendation granting in part and denying in part Defendants’
motion for summary judgment.
Accordingly, for the reasons set forth in Magistrate Judge McCarthy’s
Report, Recommendation and Order dated March 30, 2012 (Dkt. No. 31) and the
Amended Report and Recommendation dated May 5, 2012 (Dkt. No. 35),
Defendants’ motion for summary judgment is granted to the extent of dismissing
all claims against the Salamanca Police Department, the Section 1983 and
punitive damages claims against the City of Salamanca and the Section 1983
claims against Sargent Stanton only to the extent that they are based upon her
grand jury or preliminary hearing testimony. Defendants’ motion for summary
judgment is denied in all other respect.
The case is referred back to Magistrate Judge McCarthy for further
proceedings.
SO ORDERED.
s/ Richard J. Arcara
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
DATED: March 25, 2013
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