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Wiggins v. City of N.Y.

Following First Department Precedent Defendants Granted Dismissal of Personal Injury Suit

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The following e-filed documents, listed by NYSCEF document number, were read on this motion to dismiss (Motion 001): 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28 DECISION ORDER ON MOTION Plaintiff Reginald Wiggins commenced this action against Defendants City of New York (the “City”), retired NYPD Detectives Clifford, Mooney, Ramirez, Derosa, and Rogers, and three NYPD John Does (collectively the “Detectives”), alleging physical and emotional injuries stemming from Plaintiff’s false arrest and malicious prosecution, at age 16, and 9-year incarceration which ended only when the District Attorney dismissed all charges against Plaintiff. The Detectives move, pursuant to CPLR 3211, to dismiss all claims against the Detectives pursuant to General Municipal Law (GML) §50-e. Plaintiff cross moves, pursuant to GML §50-e(6), to amend the notice of claim to name the Detectives individually. Both parties filed replies. Because this Court must adhere to First Department precedent requiring the notice of claim to name individual defendants, the Court grants the Detectives’ motion to dismiss and denies Plaintiff’s cross-motion to amend. BACKGROUND¹ At approximately 6 a.m. on May 28, 2008, Detective Hendricks and three other officers, after an unsuccessful search of Plaintiff’s home, arrested Plaintiff for a shooting four days earlier on May 24, 2008 (Complaint

11-16). Prior to Plaintiff’s arrest, the Detectives interviewed witnesses who identified a suspect who was not Plaintiff; that suspect was ultimately arrested and prosecuted for the shooting (Complaint

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