Opinion
5:10-CV-103 (GHL)
12-30-2011
APPEARANCES: LEGAL SERVICES OF CENTRAL NEW YORK OF COUNSEL: SAMUEL C. YOUNG, ESQ. GORDON J. CUFFY, ESQ. ONONDAGA COUNTY ATTORNEY MARY J. FAHEY, ESQ. JOHN W. SHARON, ESQ.
APPEARANCES:
LEGAL SERVICES OF CENTRAL NEW YORK
OF COUNSEL:
SAMUEL C. YOUNG, ESQ.
GORDON J. CUFFY, ESQ.
ONONDAGA COUNTY ATTORNEY
MARY J. FAHEY, ESQ.
JOHN W. SHARON, ESQ.
GEORGE H. LOWE, United States Magistrate Judge
ORDER
Currently pending before the Court is Defendants' motion for summary judgment pursuant to Federal Rule of Civil Procedure 56. (Dkt. No. 34.) Plaintiff filed a response, (Dkt. No. 38) Defendants filed a reply, (Dkt. No. 41) and, with the Court's permission, Plaintiff filed a surreply. (Dkt. No. 46.) For reasons that will be set forth in a Memorandum-Decision to be filed shortly, Defendants' motion is granted in part and denied in part.
ACCORDINGLY, it is
ORDERED that Defendants' motion for summary judgment (Dkt. No. 34) is GRANTED in part and DENIED in part; and it is further
ORDERED that Plaintiff's § 1983 and Title VI claims are dismissed; and it is further
ORDERED that this matter is to proceed to trial on Plaintiff's claims under state law of assault, battery, negligence, and negligent failure to train and supervise.
IT IS SO ORDERED.
Dated: December 30, 2011
Syracuse, New York
_______________________
George H. Lowe
United States Magistrate Judge