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Guerrero v. The City of Yonkers

False Arrest, Malicious Prosecution, Monell Liability Claims Dismissed Against Police

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MEMORANDUM & ORDER Before the court is Defendants’ motion for summary judgment. (See Mot. Summ. J. (Dkt. 43-40).) Plaintiff Jose Guerrero opposes the motion. (See Opp. (Dkt. 44-25).)¹ For the reasons stated below, the Defendants’ motion is GRANTED. I. BACKGROUND A. Undisputed Facts The following facts are undisputed except as noted and are taken from the Defendants’ Rule 56.1 statement. (See Defs’ 56.1 St. (Dkt. 43-39); Pl’s 56.1 Resp. (Dkt. 45).) Citation to a party’s 56.1 statement incorporates the evidentiary materials cited therein. Unless otherwise noted, where a party’s Rule 56.1 statement is cited, that fact is undisputed or the opposing party has not pointed to any evidence in the record to contradict it.^{2 3} At approximately 11:46 p.m. on December 23, 2015, Guerrero, then a sergeant with the New York City Police Department (“NYPD”), walked his then on-and-off again girlfriend Yahayra Feliz into the emergency room at St. John’s Riverside Hospital in Yonkers, New York with a gunshot wound to her neck. (Defs’ 56.1 St.

1-2; Pl’s 56.1 Resp.

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