Dunaway v. The Village of Mamaroneck et al

New York Southern District Court
Judge:Nelson Stephen Roman
Case #: 7:22-cv-08823
Nature of Suit555 Prisoner Petitions - Habeas Corpus - Prison Condition
Cause42:1983 Prisoner Civil Rights
Case Filed:Oct 14, 2022
Terminated:Apr 16, 2025
Last checked: Wednesday Jan 04, 2023 10:09 PM EST
Defendant
John Does 1-5
Defendant
The County of Westchester
Defendant
The Village of Mamaroneck
Plaintiff
Michael L. Dunaway
4 Staub Court
Mamaroneck, NY 10543
TERMINATED PARTIES
Defendant
The County of Westchester Department of Corrections
Terminated: 01/04/2023
Defendant
The Village of Mamaroneck Police Department
Terminated: 01/04/2023


Docket last updated: 05/09/2025 11:59 PM EDT
Wednesday, April 16, 2025
29 29 order Judgment - Clerk Wed 04/16 10:21 AM
CLERK'S JUDGMENT re:28 Order in favor of John Does 1-5, The County of Westchester, The Village of Mamaroneck against Michael L. Dunaway. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated April 15, 2025, the Court DISMISSES with prejudice Plaintiff's Complaint. Accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 4/16/2025) (tp)
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Att: 1 Appeal Package
Tuesday, April 15, 2025
28 28 1 pgs order Order Tue 04/15 4:34 PM
ORDER: Accordingly, the Court DISMISSES with prejudice Plaintiff's Complaint and directs the Clerk of Court to terminate the instant action. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 4/15/2025) (mml)
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Monday, July 01, 2024
27 27 9 pgs order Memorandum & Opinion ~Util - Set Deadlines/Hearings Mon 07/01 6:09 PM
OPINION & ORDER re:22 MOTION to Dismiss the complaint . filed by The Village of Mamaroneck Police Department, The Village of Mamaroneck,20 MOTION to Dismiss Notice of Motion . filed by The County of Westchester, The County of Westchester Department of Corrections., For the foregoing reasons, the Defendants' motions to dismiss the Complaint are GRANTED. Plaintiff's Monell claims against the Village of Mamaroneck and the County of Westchester are dismissed without prejudice. Plaintiff's state law claims are dismissed with prejudice. Plaintiff is granted leave to file an Amended Complaint as to his Monell claim(s). If Plaintiff chooses to do so, he will have until July 31, 2024, to file an Amended Complaint. Defendants are then directed to answer or otherwise respond within twenty-one days thereof. If Plaintiff fails to file an Amended Complaint within the time allowed, and he cannot show good cause to excuse such failure, any claims dismissed without prejudice by this Order will be deemed dismissed with prejudice. The Clerk of Court is kindly directed to terminate the motions at ECF Nos. 20 and 22, as well as all John Doe defendants from the action. The Clerk of Court is also kindly directed to mail a copy of this Opinion and Order to pro se Plaintiff at the address listed on ECF and show proof of service on the docket. SO ORDERED (Signed by Judge Nelson Stephen Roman on 7/1/2024) ( Amended Pleadings due by 7/31/2024.) (ks)
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Friday, January 19, 2024
26 26 respm Reply Affirmation in Support of Motion Fri 01/19 6:11 PM
REPLY AFFIRMATION of Joanna M. Topping in Support re:22 MOTION to Dismiss the complaint .. Document filed by The Village of Mamaroneck, The Village of Mamaroneck Police Department..(Topping, Joanna)
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Att: 1 Affidavit of service
25 25 respm Affidavit in Support of Motion Fri 01/19 6:07 PM
AFFIDAVIT of Marie Schrauger in Support re:22 MOTION to Dismiss the complaint .. Document filed by The Village of Mamaroneck, The Village of Mamaroneck Police Department..(Topping, Joanna)
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24 24 8 pgs respm Memorandum of Law in Support of Motion Fri 01/19 6:05 PM
MEMORANDUM OF LAW in Support re:22 MOTION to Dismiss the complaint . . Document filed by The Village of Mamaroneck, The Village of Mamaroneck Police Department..(Topping, Joanna)
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23 23 respm Declaration in Support of Motion Fri 01/19 5:34 PM
DECLARATION of Joanna M. Topping in Support re:22 MOTION to Dismiss the complaint .. Document filed by The Village of Mamaroneck, The Village of Mamaroneck Police Department..(Topping, Joanna)
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Att: 1 Exhibit A Complaint
22 22 motion Dismiss Fri 01/19 5:32 PM
MOTION to Dismiss the complaint . Document filed by The Village of Mamaroneck, The Village of Mamaroneck Police Department..(Topping, Joanna)
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21 21 respm Declaration in Support of Motion Fri 01/19 10:43 AM
DECLARATION of Taryn A. Chapman-Langrin in Support re:20 MOTION to Dismiss Notice of Motion .. Document filed by The County of Westchester, The County of Westchester Department of Corrections..(Chapman, Taryn)
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Att: 1 Exhibit complaint,
Att: 2 Exhibit memo of law,
Att: 3 Exhibit Notice to Pro Se Litigant,
Att: 4 Affidavit Affidavit of service,
Att: 5 Exhibit Reply Declaration
20 20 motion Dismiss Fri 01/19 10:37 AM
MOTION to Dismiss Notice of Motion . Document filed by The County of Westchester, The County of Westchester Department of Corrections. Responses due by 1/4/2024 Return Date set for 1/19/2024 at 11:59 PM..(Chapman, Taryn)
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Wednesday, November 01, 2023
19 19 order Order on Motion for Extension of Time Wed 11/01 4:33 PM
ORDER granting18 Letter Motion for Extension of Time. Def. County of Westchester's request for an extension is GRANTED and the briefing schedule is adjusted as follows: Def.'s moving papers shall be served (not filed) on Nov. 20, 2023; Pltf's opposition shall be served (not filed) on Jan. 4, 2024; and Def.'s reply papers shall be served on Jan. 19, 2024. Def. is directed to file all motion papers (including Pltf's opposition papers) on Jan. 19, 2024. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 18, to mail a copy of this endorsement to pro se Pltf. at the address listed on ECF and to show service on the docket. Motions due by 1/19/2024. (Signed by Judge Nelson Stephen Roman on 11/1/2023) (ate)
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Tuesday, October 31, 2023
18 18 motion Extension of Time Tue 10/31 2:43 PM
LETTER MOTION for Extension of Time addressed to Judge Nelson Stephen Roman from Taryn A. Chapman-Langrin dated 10/31/2023. Document filed by The County of Westchester, The County of Westchester Department of Corrections. Return Date set for 11/20/2023 at 11:59 PM..(Chapman, Taryn)
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Thursday, October 05, 2023
17 17 order Order on Motion for Conference Thu 10/05 6:16 PM
ORDER terminating12 Letter Motion for Conference; terminating13 Letter Motion for Conference. The Court is in receipt of the attached letters from Def. County of Westchester and Def. Village of Mamaroneck, dated July 6, 2023 and July 28, 2023, respectively, seeking leave to file motions to dismiss. Although the Court directed Plaintiff to respond to Defendants' letters no later than August 11, 2023 (ECF Nos. 15-16), Plaintiff did not do so. Upon review of Defendants' letters, the Court waives the pre-motion conference requirement and grants Defendants leave to file their respective motions to dismiss in accordance with the following briefing schedule: (1) Defendants' moving papers are to be served (not filed) on November 6, 2023; (2) Plaintiff's opposition papers are to be served (not filed) on December 21, 2023; and (3) Defendants' reply papers are to be served on January 5, 2024. All motion papers are to be filed by Defendants (including pro se Plaintiff's papers) on the reply date, January 5, 2024. The parties are directed to provide Chambers with two physical courtesy copies of their motion papers on the same date they are served on opposing counsel. The parties are further directed to provide the Court with an electronic courtesy copy of the motion papers as they are served. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 12 and 13. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/5/2023) (vfr)
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utility Set/Reset Deadlines Thu 10/05 6:17 PM
Set/Reset Deadlines: Motions due by 1/5/2024. (vfr)
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Friday, July 28, 2023
16 16 order Memo Endorsement ~Util - Set Deadlines Fri 07/28 5:05 PM
MEMO ENDORSEMENT on re:13 FIRST LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Joanna Topping dated 07/28/2023. filed by The Village of Mamaroneck. ENDORSEMENT: Plf. is directed to respond to Def. Village of Mamaroneck's letter no later than Aug. 11, 2023. ( Responses due by 8/11/2023) (Signed by Judge Nelson Stephen Roman on 7/28/2023) (ate)
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15 15 order Memo Endorsement ~Util - Set Deadlines Fri 07/28 5:00 PM
MEMO ENDORSEMENT on re:12 LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Taryn A. Chapman-Langrin dated 07/06/2023. filed by The County of Westchester, The County of Westchester Department of Corrections. ENDORSEMENT: Plf. is directed to respond to Def. County of Westchester's letter no later than Aug. 11, 2023. ( Responses due by 8/11/2023) (Signed by Judge Nelson Stephen Roman on 7/28/2023) (ate)
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14 14 notice Notice of Appearance Fri 07/28 11:40 AM
NOTICE OF APPEARANCE by Joanna Marie Topping on behalf of The Village of Mamaroneck..(Topping, Joanna)
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13 13 motion Conference Fri 07/28 11:35 AM
FIRST LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Joanna Topping dated 07/28/2023. Document filed by The Village of Mamaroneck..(Topping, Joanna)
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Att: 1 Affidavit Affidavit of Service on Dunaway
Thursday, July 06, 2023
12 12 motion Conference Thu 07/06 12:07 PM
LETTER MOTION for Conference addressed to Judge Nelson Stephen Roman from Taryn A. Chapman-Langrin dated 07/06/2023. Document filed by The County of Westchester, The County of Westchester Department of Corrections..(Chapman, Taryn)
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Friday, June 23, 2023
11 11 service Marshal's Process Receipt and Return of Service Executed Complaints Tue 06/27 11:19 AM
MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. The County of Westchester,served on 6/16/2023, answer due 7/7/2023. Service was accepted by Mary Lombardo, Legal Secretary. Document filed by Michael L. Dunaway. (sc)
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Monday, May 01, 2023
10 10 notice Notice of Appearance Mon 05/01 10:29 AM
NOTICE OF APPEARANCE by Taryn Anita Chapman on behalf of The County of Westchester, The County of Westchester Department of Corrections..(Chapman, Taryn)
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Tuesday, March 14, 2023
9 9 9 pgs order Order ~Util - Set Deadlines Tue 03/14 6:36 PM
ORDER: Accordingly, it is hereby ORDERED that Plaintiff file an Amended Complaint no later than May 12, 2023 providing information sufficient to allow the Village and County Attorneys to identify the John Doe prison officials named in the original Complaint. The Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff at Plaintiff's address listed on ECF and to show service on the docket. ( Amended Pleadings due by 5/12/2023.) (Signed by Judge Nelson Stephen Roman on 3/14/2023) (ate)
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Thursday, February 23, 2023
8 8 misc Letter Thu 02/23 3:54 PM
LETTER addressed to Judge Nelson Stephen Roman from Taryn A. Chapman-Langrin dated 02/23/2023 re: Additional information regarding "Does". Document filed by The County of Westchester, The County of Westchester Department of Corrections..(Chapman, Taryn)
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Thursday, January 05, 2023
7 7 misc FRCP 4 Service Package - Mailed Thu 01/05 9:23 AM
INFORMATION PACKAGE MAILED to Michael L. Dunaway 4 Staub Court Mamaroneck, NY 10543, at, on 1/5/2023 Re:5 Order of Service. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, Order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases). (aan)
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6 6 service Summons Issued Thu 01/05 9:20 AM
SUMMONS ISSUED as to The County of Westchester, The Village of Mamaroneck. (aan)
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misc FRCP 4 Service Package - Hand Delivered to U.S.M. Thu 01/05 9:21 AM
FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 1/5/2023 Re: Judge Nelson Stephen Roman5 Order of Service. The following document(s) were enclosed in the Service Package: Complaint, Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s) The County of Westchester, The Village of Mamaroneck. (aan)
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misc Mail Order by USPS Thu 01/05 9:24 AM
Mailed a copy of2 Complaint,5 Order of Service, to Village of Mamaroneck Village Attorney at: Village Hall at the Regatta, 123 Mamaroneck Avenue, Mamaroneck, New York 10543. (aan)
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misc Mail Order by USPS Thu 01/05 9:25 AM
Mailed a copy of2 Complaint,5 Order of Service, to Westchester County Attorneys Office at: 148 Marine Avenue, White Plains, New York 10601. (aan)
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Wednesday, January 04, 2023
5 5 6 pgs order Order of Service ~Util - Add and Terminate Parties Wed 01/04 6:25 PM
ORDER OF SERVICE: The Court dismisses Plaintiff's claims against the Village of Mamaroneck Police Department and the County of Westchester Department of Corrections. See 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk of Court is instructed to issue summonses for the Village of Mamaroneck and the County of Westchester, complete the USM-285 forms with the addresses for these defendants, and deliver all documents necessary to effect service to the U.S. Marshals Service. The Clerk of Court is further directed to mail a copy of this order and the complaint to the Village of Mamaroneck Village Attorney at: Village Hall at the Regatta, 123 Mamaroneck Avenue, Mamaroneck, New York 10543. The Clerk of Court is also directed to mail a copy of this order and the complaint to the Westchester County Attorney's Office at: 148 Marine Avenue, White Plains, New York 10601. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of Court is further directed to mail a copy of this Order and an information package to pro se Plaintiff at Plaintiff's address listed on ECF and to show service on the docket. The County of Westchester Department of Corrections and The Village of Mamaroneck Police Department terminated. (Signed by Judge Nelson Stephen Roman on 1/4/2023) (ate)
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Tuesday, January 03, 2023
notice Notice of Case Assignment/Reassignment Tue 01/03 2:16 PM
NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (vba)
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utility Case Designation Tue 01/03 2:16 PM
Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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Tuesday, October 25, 2022
3 3 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. § 1915. (Signed by Judge Laura Taylor Swain on 10/25/2022) (sha)
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Friday, October 14, 2022
2 2 COMPLAINT against John Does 1-5, The County of Westchester, The County of Westchester Department of Corrections, The Village of Mamaroneck Police Department, The Village of Mamroneck. Document filed by Michael L. Dunaway..(rdz)
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1 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Michael L. Dunaway..(rdz)
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Case Designated ECF. (rdz)
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