MEMORANDUM, DECISION AND ORDER NEAL P. McCURN, Senior District Judge. I. Introduction Presently before the court is a motion for summary judgment by plaintiffs limited to the issue of whether the National Labor Relations Act, 49 Stat. 449, as amended, 29 U.S.C. 151 et seq ("NLRA") pre-empts New York Labor Law section 211-a (" 211-a") under the doctrine set forth in International Association of Machinists and Aerospace Workers v. Wisconsin Employment Relations Commission , 427 U.S....
MEMORANDUM-DECISION AND ORDER NORMAN A. MORDUE, District Judge. I. INTRODUCTION Plaintiff and part-time taxicab driver Mark Minasi was arrested on August 16, 2009, by defendant George DeAngelo of the City of Utica Police Department and convicted of two traffic violations. Based on the facts surrounding the arrest and convictions, defendant Michael Hauck declined to renew Minasi's taxicab license on February 3, 2010. Plaintiff sues DeAngelo, Hauck, and the City of Utica under 42 U.S.C. 1983...
MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, Jr., Senior District Judge. I. INTRODUCTION Plaintiff John E. Fitzgibbons seeks past and future environmental investigation and remedial costs and an injunction requiring further investigation and cleanup of his property, which he claims Defendants have contaminated. Plaintiff filed his initial complaint on August 26, 2010. In lieu of filing an answer, Defendant County of Oswego (the "County Defendant") moved to dismiss the complaint in its...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff pro se Dennis Nelson brings this action under 42 U.S.C. 1983, alleging his constitutional rights were violated by defendants. ( See Am. Compl., Dkt. No. 19.) In a Report-Recommendation and Order (R&R) filed October 20, 2011, Magistrate Judge Randolph F. Treece recommended that pursuant to 28 U.S.C. 1915(e)(2)(B)(ii), Nelson's Amended Complaint be dismissed. 1 ( See generally R&R, Dkt. No. 22....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiffs Michael Wagner, Levi Ingersoll, Ken Fenwick and Sidney Alpaugh commenced this action against defendants, 1 asserting claims pursuant to 42 U.S.C. 1983 and 1988 for violations of their constitutional rights in conjunction with defendants' implementation and execution of motorcycle checkpoints. ( See Compl., Dkt. No. 1.) Pending are the parties' cross-motions for summary judgment and plaintiffs'...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Court Judge. I. Introduction Plaintiff pro se Willaim Hodges brings this action under 42 U.S.C. 1983, alleging his constitutional rights were violated by defendants. ( See Am. Compl., Dkt. No. 19.) In a Report-Recommendation and Order (R&R) filed September 29, 2011, Magistrate Judge George H. Lowe recommended that plaintiff's Amended Complaint be dismissed. 1 ( See generally R&R, Dkt. No. 30.) Pending are Hodges's objections...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff pro se Cesar Mateo brings this action under 42 U.S.C. 1983 alleging retaliation for filing multiple grievances, and violations of his due process and Eighth Amendment rights. ( See Compl., Dkt. No. 1.) In a Report-Recommendation and Order (R&R) filed August 30, 2011, Magistrate Judge George H. Lowe recommended that the defendants' motion to dismiss be granted in part and denied in part. 1 ( See...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff pro se Kenneth Brobston brings this action under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), alleging his constitutional rights were violated while he was incarcerated at Federal Correctional Institution in Ray Brook. ( See Compl., Dkt. No. 1.) In a Report-Recommendation and Order (R&R) filed September 28, 2011, Magistrate Judge Randolph F. Treece...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Court Judge. I. Introduction Plaintiff Richard Anthony Thompson challenges the Commissioner of Social Security's denial of disability insurance benefits (DIB), seeking review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) In a Report-Recommendation (R&R) filed August 18, 2011, Magistrate Judge Andrew T. Baxter recommended that the Commissioner's decision be affirmed and Thompson's complaint be dismissed. 1 (...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Court Judge. I. Introduction Plaintiff pro se Salvatore F. Gianni commenced this action against defendants Keith Kopp, a New York State Trooper, and Edward Foster, a New York State Police Sergeant, asserting claims pursuant to 42 U.S.C. 1983 for malicious prosecution, unlawful arrest and unlawful detention. (Am. Compl. 5, Dkt. No. 14.) Pending is Kopp and Foster's motion to dismiss. ( See Dkt. No. 13.) For the reasons that...
ORDER FREDERICK J. SCULLIN, JR., Senior District Judge. Plaintiff filed this action, pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), on April 26, 2010. See Dkt. No. 1. On October 8, 2010, Defendants filed a motion to dismiss for failure to state a claim or, in the alternative, for summary judgment on the ground that Plaintiff had not exhausted his administrative remedies as the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. 1997e(a)...
MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO, District Judge. INTRODUCTION Plaintiff brings this action, pro se, pursuant to 42 U.S.C. 2000e et seq. ("Title VII") based on the gender discrimination he claims to have suffered during his employment with the Federal Bureau of Investigation ("FBI"). On January 4, 2008, plaintiff filed a motion pursuant to Rule 12(c) of the Federal Rules of Civil Procedure for judgment on the pleadings claiming that defendant's answer failed to comport...
MEMORANDUM DECISION AND ORDER 1 GEORGE H. LOWE, Magistrate Judge. In this action, Plaintiff Eileen M. Malay contends that the City of Syracuse, Chief of Police Gary W. Miguel, and officers Daniel Belgrader, Michael Yarema, and Steve Lynch violated her rights under the federal constitution and New York state law when they fired military grade gas into her home during an armed standoff with her landlord, failed to provide her with medical care, and failed to decontaminate her property. (Dkt....
MEMORANDUM DECISION AND ORDER NORMAN A. MORDUE, Chief District Judge. I. BACKGROUND This action is brought pursuant to 42 U.S.C. 1983 and 1988 by twenty-six "Management and Confidential" ("M/C") employees of the State of New York, as well as the Organization of New York State Management Confidential Employees ("OMCE"), on behalf of its members, and OMCE's Executive Director, Joseph Sano. Plaintiffs allege their federal and state constitutional rights were violated by defendants' decision...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff Laurel Herdman commenced this action against defendant Elizabeth Hogan pursuant to 42 U.S.C. 1983 alleging violations of her First Amendment rights under the United States Constitution. ( See Am. Compl. 1, Dkt. No. 13.) Pending is Hogan's motion to dismiss under Fed. R. Civ. P. 12(b)(6) and Herdman's cross-motion to amend. (Dkt. Nos. 7, 9.) For the reasons that follow, Hogan's motion to dismiss...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, District Judge. I. Introduction Plaintiff pro se Tyrone Maye commenced this action against the defendants, 1 asserting claims pursuant to 42 U.S.C. 1983 and New York law for violations of his civil rights. Pending are Maye's motion to clarify portions of the 50-h hearing transcript, motion for reconsideration, and motion to deny relief sought; and defendants' evidentiary and dispositive motions. (Dkt. Nos. 5, 24, 28, 30, 59, 66, 73, 74.)...
MEMORANDUM-DECISION AND ORDER MAE A. D'AGOSTINO, District Judge. I. INTRODUCTION Currently before the Court are Plaintiff's objections to Magistrate Judge Lowe's August 31, 2011 Report-Recommendation and Order recommending that the Court grant Defendants' motion to dismiss, but, in light of Plaintiff's pro se status, permit him an opportunity to file a third amended complaint. II. BACKGROUND In his Second Amended Complaint filed on January 13, 2011, Plaintiff alleges that four incidents...
ORDER MAE A. D'AGOSTINO, District Judge. The above matter comes to me following a Report-Recommendation by Magistrate Judge Andrew T. Baxter, duly filed on the 29 th day of August 2011. Following fourteen (14) days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein. After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is ORDERED...
ORDER MAE A. D'AGOSTINO, District Judge. Plaintiff pro se, an inmate in the custody of the New York State Department of Corrections and Community Supervision ("DOCCS"), brings this action pursuant to 42 U.S.C. 1983, alleging that defendants violated his rights under the Eighth Amendment of the United States Constitution. Specifically, from what the Court can gather from the complaint, plaintiff appears to allege that prison officials failed to provide him with what he deems to be proper...
MEMORANDUM-DECISION AND ORDER FREDERICK J. SCULLIN, Jr., Senior District Judge. I. INTRODUCTION Plaintiff, an inmate, filed a complaint pro se pursuant to 42 U.S.C. 1983, alleging twenty-eight causes of action arising from events at two separate correctional facilities. Plaintiff's allegations include the use of excessive force and failure to prevent such conduct, deprivations of procedural due process, cruel and unusual punishment, violation of Plaintiff's right to practice his chosen...
