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Payne v. Jones

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


June 30, 2009

JAMES EDWARD PAYNE, PLAINTIFF,
v.
OFFICER BRANDON JONES, OFFICER JOHN ABEL, C. ALLEN PYLMAN, CITY OF UTICA AND CITY OF UTICA POLICE DEPARTMENT, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

ORDER

Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on June 30, 2009, in Utica, New York, it is hereby ORDERED that

1. Defendants' motion for summary judgment is GRANTED with regard to the incident at Faxton Hospital and all claims regarding Faxton Hospital are DISMISSED;

2. Defendants' motion for summary judgment is DENIED in all other respects;

3. Defendant Brandon Jones's motion to bifurcate is GRANTED; and

4. The trial against defendants Brandon Jones and John Abel will proceed on September 14, 2009, as previously scheduled. Immediately following a verdict against either or both individual defendants, trial of the Monell claims will proceed against the defendants

C. Allen Pylman, City of Utica, and City of Utica Police Department. IT IS SO ORDERED.

20090630

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