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Labor: Fair Standards | New York Northern
Notice - Other
NOTICE by Deborah O'Brien of Filing Consent to Join (Attachments: # 1 Exhibit(s) Consent of Angela Livecchi)(Alexander, William)
Civil Rights: Other | New York Northern
Report and Recommendations Order ~Util - Terminate Motions
REPORT-RECOMMENDATION AND ORDER: ORDERED, that plaintiffs 4 6 In Forma Pauperis application is GRANTED, RECOMMENDED, that plaintiffs 1 Complaint be addressed as follows:(1) Section 1983(5) conspiracy/joint claims alleging violations of his First, Fourth, and Fourteenth Amendment rights be DISMISSSED without prejudice and without opportunity to amend; (2) Title III Americans with Disabilities Act monetary damages claims be DISMISSED with prejudice and without leave to amend (3) EMTALA claim as pled against St. Peters Hospital be DISMISSED without prejudice and with opportunity to amend, and as pled against all other defendants, such claim, be DISMISSED with prejudice and without leave to amend; (4) Claims against the City of Albany Police Department be DISMISSED with prejudice and without leave to amend as against the City of Albany Police Department but with leave to amend to name the City of Albany; (5) Claims against Doe (Moe) City of Albany Police Commissioner and City of Albany Police Sergeant in their official capacities be DISMISSED with prejudice and without leave to amend; (6) Claims against Doe (Moe) City of Albany Police Commissioner and City of Albany Police Sergeant in their individual capacities be DISMISSED without prejudice and with leave to amend; (7) State law claims against the municipal defendants for Assault and Battery; Intentional Infliction of Emotional Distress; Respondeat Superior; Negligent Hiring, Retention, and Supervision; and Respondeat Superior be DISMISSED with prejudice and without leave to amend; (8) Intentional Infliction of Emotional Distress claim against the St. Peters defendants be DISMISSED with prejudice and without leave to amend; (9) Respondeat Superior claim against the St. Peters defendants, insofar as it I raised as a standalone claim under New York State law, be DISMISSED with prejudice and without leave to amend; (10) Negligent Hiring, Retention, Supervision claim be DISMISSED without prejudice and with leave to amend insofar as it is relates to the alleged incident involving St. Peters Hospital Doe security officers who participated in restraining him and be DISMISSED with prejudice and without leave to amend as to all remaining St. Peters defendants; (11) Mental Hygiene Law § 33.13 claim against the St. Peters defendants be DISMISSED without prejudice and without leave to amend due to lack of subject matter jurisdiction; (12) Medical Malpractice claim against the St. Peters defendants be DISMISSED without prejudice and with leave to amend; (13) All Claims against John/Jane Does ## 1-15, Sean Keane, Dennise Allen, and Erica Brandt be DISMISSED without prejudice and with leave to amend; (14) Request for sanctions against the St. Peters defendants for spoliation of evidence be DENIED with leave to renew.Objections to R&R due by 9/25/2026, Case Review Deadline 9/28/2026), Motions terminated: 4 MOTION for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Paul J. Evangelista on 9/11/2026. (Attachments: # 1 Exhibits)(Copy served via regular mail)(ats)
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