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Kennedy v. Lehman

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


September 18, 2007

PATRICK A. KENNEDY, PLAINTIFF,
v.
MARIA LEHMAN, ET AL. DEFENDANT.

The opinion of the court was delivered by: Honorable Richard J. Arcara Chief Judge United States District Court

ORDER

This case was referred to Magistrate Judge Jonathan W. Feldman, pursuant to 28 U.S.C. § 636(b)(1). On November 19, 2004, defendants filed a motion for summary judgment. On June 26, 2007, Magistrate Judge Feldman filed a Report and Recommendation, recommending that defendants' motion be granted as to plaintiff's due process claim and "stigma-plus" defamation claim. As to plaintiff's first amendment retaliation claim, the Magistrate Judge recommended that defendants' motion for summary judgment be granted with respect to defendant County of Erie, and denied with respect to the individual defendants.

Both parties filed objections to the Report and Recommendation on July 23, 2007. Oral argument on the objections was held on September 17, 2007.*fn1

Pursuant to 28 U.S.C. § 636(b)(1), this Court must make a de novo determination of those portions of the Report and Recommendation to which objections have been made. Upon a de novo review of the Report and Recommendation, and after reviewing the submissions and hearing argument from the parties, the Court adopts the proposed findings of the Report and Recommendation.

Accordingly, for the reasons set forth in Magistrate Judge Feldman's Report and Recommendation, defendants' motion for summary judgment is granted as to plaintiff's due process claim and "stigma-plus" defamation claim. As to plaintiff's first amendment claim, the Court grants defendants' motion for summary judgment with respect to defendant County of Erie, and denies defendants' motion for summary judgment with respect to the individual defendants.

Counsel shall appear for a meeting to set a trial date at 9:00 a.m. on September 28, 2007.

SO ORDERED.


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