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Maldonado v. Town of Greenburgh

Wrongful Death Claim Dismissed But Officer's Creation of Special Relationship Alleged

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OPINION & ORDER   Nancy Maldonado (“Plaintiff”) brings this Action, as the Administrix of the Estate of Jonathan Maldonado (“Maldonado”), against Defendants pursuant to 42 U.S.C. §1983, the United States Constitution, and certain state laws. (See Am. Compl. (Dkt. No. 63).)1 Specifically, Plaintiff alleges that Defendants’ actions led to Maldonado’s death while Maldonado was purportedly held in police custody and brings claims for, inter alia, use of excessive force, deliberate medical indifference, deliberate indifference in supervising subordinate actors, negligence, and wrongful death. (See generally id.) Before the Court is Moving Defendants’ Motion To Dismiss portions of the Amended Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (the “Motion”).2 (See Not. of Mot. (Dkt. No. 86).) For the following reasons, the Motion is granted in part and denied in part.  I. Background A. Factual History The following facts are drawn from the Amended Complaint, and are taken as true for purposes of resolving the instant Motion. Maldonado worked as a school aide for the Yonkers Public Schools. (Am. Compl. 10.) On November 29, 2017, Maldonado, then 21 years old, finished work at 2:30 p.m. and went to his home, where he lived with his parents and two brothers. (Id.

10-11.) Maldonado then left his home, telling his mother that he was going to drive his grandmother to Central Avenue to run an errand and that he would be stopping by the bank to deposit his paycheck. (Id.

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