Brown v. New York City Police Department

S.D. New York

Brown v. New York City Police Department

DecidedMay 2, 2023

Docket1:18-cv-03287

StatusUnknown

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Brown v. New York City Police Department, (S.D.N.Y. 2023).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NOEL L. BROWN, Plaintiff, 18-CV-3287 (JPO) -V- ORDER ANTHONY KEMPINSKL, ef a/., Defendants.

J. PAUL OETKEN, District Judge: 1. Pursuant to the mandate from the Second Circuit, see ECF No. 94, the Clerk of Court is directed to issue an amended judgment clarifying that the dismissal of Brown’s false arrest claims (see ECF No. 66 at 4-5 and ECF No. 81 at 2 —3) under Heck v. Humphrey, 512 US. 477 (1994), is without prejudice, while the dismissal of his other claims is with prejudice. See Amaker v. Weiner, 179 F.3d 48, 52 (2d Cir. 1999) (“Disposition of the case on Heck grounds, however, warrants only dismissal without prejudice, because the suit may be reinstituted should plaintiffs conviction be “expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.”) (citing Heck at 487.) 2. Brown’s motion for summary judgment in this closed case is denied as procedurally improper, given that the case has been dismissed. See this Court’s previous orders in this case at ECF Nos. 66, 81, 88. The Clerk is directed to close the motion at ECF No. 95. The Clerk of Court is also directed to mail a copy of this order to the pro se plaintiff. SO ORDERED. Dated: May 2, 2023 New York, New York

J. PAUL OETKEN United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK NOEL L. BROWN, Plaintiff, 18-CV-3287 (JPO) -V- ORDER ANTHONY KEMPINSKL, ef a/., Defendants.

J. PAUL OETKEN, District Judge: 1. Pursuant to the mandate from the Second Circuit, see ECF No. 94, the Clerk of Court is directed to issue an amended judgment clarifying that the dismissal of Brown’s false arrest claims (see ECF No. 66 at 4-5 and ECF No. 81 at 2 —3) under Heck v. Humphrey, 512 US. 477 (1994), is without prejudice, while the dismissal of his other claims is with prejudice. See Amaker v. Weiner, 179 F.3d 48, 52 (2d Cir. 1999) (“Disposition of the case on Heck grounds, however, warrants only dismissal without prejudice, because the suit may be reinstituted should plaintiffs conviction be “expunged by executive order, declared invalid by a state tribunal authorized to make such determination, or called into question by a federal court's issuance of a writ of habeas corpus.”) (citing Heck at 487.) 2. Brown’s motion for summary judgment in this closed case is denied as procedurally improper, given that the case has been dismissed. See this Court’s previous orders in this case at ECF Nos. 66, 81, 88. The Clerk is directed to close the motion at ECF No. 95. The Clerk of Court is also directed to mail a copy of this order to the pro se plaintiff. SO ORDERED. Dated: May 2, 2023 New York, New York

J. PAUL OETKEN United States District Judge

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Brown v. New York City Police Department, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-new-york-city-police-department-nysd-2023.

Opinion

J. PAUL OETKEN United States District Judge

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