Neal v. Wilson et al, No. 1:2015cv02822 - Document 120 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER re: 93 FIRST MOTION for Summary Judgment, filed by Angel Bones, R. Wilson, Juan Rodriguez, Baudilo Garciarivas, Jose Marrero, David Camhi, Coty Green, Osvaldo Maldonado. The Court grants summary judgment to Defendants wi th respect to all claims arising out of the August 20 arrest and with respect to the false arrest and malicious prosecution claims arising out of the November 23 arrest. There are, however, genuine issues of material fact with respect to Plaintiff 's excessive force claims against Lieutenant Camhi and Officer Wilson and with respect to his failure to intervene claims against all of the officers who were present during the November 23 arrest. Accordingly, summary judgment on those claim s is denied. Defendants' motion for summary judgment is denied as to Plaintiff's failure to intervene claims against Officers Rodriguez, Maldonado, Green, Garciarivas, and Wilson, Sergeant Bones, and Lieutenant Camhi, who are the named Def endants who Plaintiff claims were present when the alleged constitutional violations took place. For the foregoing reasons, Defendants' motion for summary judgment is granted in part and denied in part. The Clerk of Court is respectfully dire cted to terminate Detectives Jose Marrero and John Scollo from the case and close Docket Number 93. The Court will hold a telephone conference on October 6, 2017 at 11:30 a.m. Defendants' counsel is directed to make the arrangements necessary f or Plaintiff to participate, and as further set forth herein. (Jose Marrero (Shield No. 3452) and John Scollo (Shield No. 5391) terminated.) (Telephone Conference set for 10/6/2017 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 9/15/2017) (ras)