Arroyo v. City of Buffalo

Full title: ADAM ARROYO, Plaintiff, v. THE CITY OF BUFFALO, and CITY OF BUFFALO POLICE…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Jan 16, 2018

15-CV-753 (W.D.N.Y. Jan. 16, 2018)

Opinion

15-CV-753

01-16-2018

ADAM ARROYO, Plaintiff, v. THE CITY OF BUFFALO, and CITY OF BUFFALO POLICE DEPARTMENT, DANIEL DERENDA, Commissioner of the City of Buffalo Police Department, DET. JOHN GARCIA, Buffalo Police Narcotics Officer, DET. SGT. BRENDA CALLAHAN, Narcotics Officer, CITY OF BUFFALO POLICE DEPARTMENT NARCOTICS DIVISION, DET. JOSEPH COOK, MICHAEL DeGEORGE, City of Buffalo Spokesperson Defendants.

HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT

DECISION AND ORDER

This case was referred to Magistrate Judge Leslie G. Foschio, pursuant to 28 U.S.C. § 636(b)(1)(B). On July 20, 2017, Magistrate Judge Foschio filed a Report and Recommendation (Dkt. No. 30), recommending that the City Defendants' Rule 12(c) motion (Dkt. 15) directed to Plaintiff's First, Second, Third, Sixth, Seventh, and Eighth Claims against the City Defendants should be granted in part and denied in part; that the Individual Defendants' Rule 12(c) motion as to Plaintiff's First, Third, and Seventh Claims against the Individual Defendants should be granted in part and denied in part; and that the Defendants' alternative motion for summary judgment should be dismissed without prejudice.

The Court has carefully reviewed the thorough Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge Foschio's Report and Recommendation, the City Defendants' Rule 12(c) motion (Dkt. 15) directed to Plaintiff's First, Second, Third, Sixth, Seventh, and Eighth Claims against the City Defendants is granted in part and denied in part, as specified in the Report and Recommendation; the Individual Defendants' Rule 12(c) motion as to Plaintiff's First, Third, and Seventh Claims against the Individual Defendants is granted in part and denied in part, as specified in the Report and Recommendation; and the Defendants' alternative motion for summary judgment is dismissed without prejudice.

The case is referred back to Magistrate Judge Foschio for further proceedings.

IT IS SO ORDERED.

/s/_________

HONORABLE RICHARD J. ARCARA

UNITED STATES DISTRICT COURT Dated: January 16, 2018