UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
January 7, 2011
JOSEPH AMORE, PLAINTIFF,
CITY OF ITHACA AND ANDREW NOVARRO, DEFENDANTS.
The opinion of the court was delivered by: Scullin, Senior Judge
In a Memorandum-Decision and Order dated March 28, 2008, this Court, among other things, denied Defendant Novarro's motion for summary judgment on a false arrest claim, finding that he was not entitled to qualified immunity. See Dkt. No. 41 at 10-12. On October 3, 2008, Defendant Novarro filed a Notice of Appeal. See Dkt. No. 54. On January 5, 2011, the Second Circuit Court of Appeals issued a mandate and slip opinion in which it concluded that this Court "erred in deciding that ti would have been clear to a reasonable officer in [Defendant] Novarro's position that making the arrest was unlawful." See Dkt. No. 63 at 2. Therefore, the Second Circuit reversed this Court's order in that regard and remanded the case "with instructions to grant the summary judgment motion based on qualified immunity and to dismiss the complaint against [Defendant] Novarro, only." See id.
Accordingly, in compliance with the Second Circuit's mandate, the Court hereby ORDERS that Defendant Novarro's motion for summary judgment is GRANTED based on qualified immunity; and the Court further
ORDERS that the complaint is DISMISSED against Defendant Novarro; and the Court further
ORDERS that counsel for Defendant City of Ithaca shall initiate a telephone conference, using a professional telephone conference provider, with the Court and opposing counsel on January 19, 2011, at 9:45 a.m. to set a date for the trial of this matter.
IT IS SO ORDERED.
Syracuse, New York
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