9 results for 'judge:"Larimer "'.
J. Larimer grants the corrections officials��� motion to dismiss, finding the claims raised by the former corrections employee were largely litigated in a previous case. Additional claims fail because the previous case was ���not a matter of public concern, but was brought to seek redress for injuries personal to plaintiff.���
Court: USDC Western District of New York, Judge: Larimer, Filed On: July 2, 2024, Case #: 16-CV-6525DGL, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Employment Discrimination, Employment Retaliation, First Amendment
J. Larimer grants the company���s motion to amend the fraud complaint, finding no evidence of undue delay, bad faith, futility or prejudice. The court dismissed claims against one individual, finding the company failed to allege the individual actually made or authored any of the statements alleged to have been fraudulent.
Court: USDC Western District of New York, Judge: Larimer, Filed On: July 2, 2024, Case #: 6:23cv6225, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud
J. Larimer allows defendant to continue counterclaims contending the county failed to pay for services to remedy a power interruption because the "quasi-contract" counterclaims were essentially contractual in nature, and thus the notice of claim requirement does not apply. However, certain claims concerned matters governed by the parties' contract.
Court: USDC Western District of New York, Judge: Larimer , Filed On: May 15, 2024, Case #: 6:23cv6398, NOS: Other Contract - Contract, Categories: Contract
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J. Larimer allows a detainee to continue claims contending correction officers assaulted him for complaining that one of them sexually assaulted his girlfriend when she visited him at the facility, as the detainee's expert report had been timely disclosed more than 90 days before trial. Meanwhile, eyewitness testimony supports the allegation that officers participated in the assault, and evidence indicates the officers had been aware of the detainee's complaint at the time.
Court: USDC Western District of New York, Judge: Larimer , Filed On: April 17, 2024, Case #: 6:19cv6189, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Experts
J. Larimer allows heirs of a parole officer who had been shot in the arm, head, and abdomen by police colleagues, allegedly during a "wellness check," to continue certain claims in an action alleging wrongful death, excessive force, and other causes of action, because police were acting in their official roles, not as private citizens, when they called in the wellness check. However, the heirs failed to plausibly allege police officials conspired to punish the parole officer for having brought discrimination and harassment claims against the department of corrections and department employees.
Court: USDC Western District of New York, Judge: Larimer, Filed On: March 27, 2024, Case #: 6:18cv6712, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Wrongful Death
J. Larimer rules in part for the city in claims contending police falsely arrested plaintiff after he fled from an officer during a traffic stop in which a handgun was found in his car. Whether the stop was supported by probable cause remains unclear since body camera footage did not indicate the vehicle had been drifting out of its lane without signaling. However, whether the arresting officer or another officer found the gun in the vehicle does not matter, and plaintiff failed to state a proper conspiracy claim.
Court: USDC Western District of New York, Judge: Larimer , Filed On: November 28, 2023, Case #: 6:21cv6683, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights