Payne v. Jones

Full title: JAMES EDWARD PAYNE, Plaintiff, v. OFFICER BRANDON JONES, OFFICER JOHN…

Court: United States District Court, N.D. New York

Date published: Jun 30, 2009

6:08-CV-143 (N.D.N.Y. Jun. 30, 2009)

Opinion

6:08-CV-143.

June 30, 2009

ORDER

DAVID HURD, District Judge

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on June 30, 2009, in Utica, New York, it is hereby

ORDERED that

1. Defendants' motion for summary judgment is GRANTED with regard to the incident at Faxton Hospital and all claims regarding Faxton Hospital are DISMISSED;

2. Defendants' motion for summary judgment is DENIED in all other respects;

3. Defendant Brandon Jones's motion to bifurcate is GRANTED; and

4. The trial against defendants Brandon Jones and John Abel will proceed on September 14, 2009, as previously scheduled. Immediately following a verdict against either or both individual defendants, trial of the Monell claims will proceed against the defendants C. Allen Pylman, City of Utica, and City of Utica Police Department.

IT IS SO ORDERED.