Price v. City of N.Y.
55
15 Civ. 5871 (KPF) (S.D.N.Y. Jun. 25, 2018)
126-27 (holding that a plaintiff lacked standing to
sue the City of New York for harms allegedly
caused by the MTA). Plaintiff therefore fails to
state a Monell claim against the City of New York
related to her arrest by MTA officers.
(ii) false arrest, against Corrado, Cruz, and Staines
in their individual capacities; (iii) false arrest,
excessive force, and malicious prosecution,
against MTA Officer John Doe and MTA Officer
Jane Doe in their individual capacities.
CONCLUSION
The parties are ordered to meet and confer and
propose a discovery schedule to the Court, using
the Court's case management plan, on or before
July 20, 2018.
For the reasons stated above, the Court: (i)
DENIES the motion to dismiss the § 1983
malicious prosecution claim against the City of
New York and Simmons; (ii) GRANTS the motion
to dismiss the § 1983 First Amendment claims
against Brooks, Obe, and Pierre-Louis in their
individual capacities on the basis of qualified
immunity, and the claims against the City of New
York — *55 along with Brooks, Obe, and PierreLouis in their official capacities — for failure to
state a claim; (iii) GRANTS the City Defendants'
motion to dismiss the substantive due process
claims against them, for failure to state a claim;
and (iv) GRANTS the City's motion to dismiss the
Monell claim related to the false arrest and
malicious prosecution by MTA officers.
The following § 1983 claims remain: (i) malicious
prosecution, against Simmons in her individual
and official capacities, and the City of New York;
The Clerk of Court is directed to terminate the
motion at docket entry 107.
SO ORDERED. Dated: June 25, 2018
New York, New York
/s/_________
KATHERINE POLK FAILLA
United States District Judge Sent by First Class
Mail to:
Kelly Price
534 W. 187th Street, Apt. #7
New York, NY 10033
26
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