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Di Pompo v. Ruggiero

Pleading Failures Fatal to §1983 Claims Against Police Officers in False Arrest Case

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Michael Di Pompo and Richard Di Pompo, Plaintiffsv.City Manager Anthony Ruggiero, Mayor Randy Casale, Lee Kyriacou, Beacon Chief of Police Douglas Solomon, Patrolman Evans, Patrolman Figlia, all other Police Officers Standing there Identified or Unidentified, any and all other Police/Law Enforcement Agencies, Investigative Agencies who were otherwise Present and Deliberately not identified to Plaintiffs at the Subject Location, the City of beacon Police Department and the City of Beacon, Defendants

OPINION AND ORDER  Before the Court is the motion to dismiss of Defendants Anthony Ruggiero, Randy Casale, Lee Kyriacou, Douglas Solomon, Patrolman Evans, Patrolman Figlia, (together, the “Individual Defendants”), and the City of Beacon and the City of Beacon Police Department (together, the “Municipal Defendants”). (Doc. 18.) For the following reasons, the motion is GRANTED. I. BACKGROUNDI accept as true the facts, but not the conclusions, set forth in the Complaint. (Doc. 3 Ex. A (“Compl.”).)A. FactsPlaintiffs bring claims stemming from two incidents but do not explain how, or if, they are related.On October 11, 2016, Plaintiffs were on their way home when they were “follow[ed] more closely than was reasonable and prudent under the circumstances” by Patrolman Evans, driving his patrol SUV, for a distance in excess of two miles. (Compl.

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