13-2165-cv
Ampratwum v. City of New York
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY
ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY
FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT’S LOCAL RULE 32.1.1.
WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST
CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION
"SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY
PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals
for the Second Circuit, held at the Thurgood Marshall United
States Courthouse, 40 Foley Square, in the City of New York, on
the 15th day of April, two thousand fourteen.
PRESENT: JOHN M. WALKER, JR.,
DENNY CHIN,
CHRISTOPHER F. DRONEY,
Circuit Judges.
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FATIMA FISHER, Two years old, RAHEEM
FISHER, Ten years old,
Plaintiffs,
TASHENA AMPRATWUM, ERIC FISHER,
Plaintiffs-Appellants,
-v- 13-2165-cv
CITY OF NEW YORK, LAW DEPARTMENT'S
RACHAEL KISH-ESQ., LT. KENNY, SGT. PHILIP
JIMENEZ, SGT. CHRISTINE MELHORN, SGT.
MENENDEZ, P.O. DENISE ENMANUEL, P.O.
VARGAS, A.C.S. AGENCY, P.O. TURNAGE,
Defendants-Appellees,
NYPD AGENCY, CCRB AGENCY'S GRAHAM DAW-ESQ.,
BRONX COUNTY'S JUDGE ROBERT REEDS, NEW YORK
CITY LAW DEPARTMENT (MICHAEL CHESTNOV), NEW
YORK STATE ASST. ATTORNEY GENERAL (CHARLES
F. SANDERS),
Defendants.
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FOR PLAINTIFFS-APPELLANTS: Tashena Ampratwum and Eric Fisher,
pro se, Bronx, New York.
FOR DEFENDANTS-APPELLEES: Victoria Scalzo and Kristin M.
Helmers, Assistant Corporation
Counsel, for Michael A. Cardozo,
Corporation Counsel of the City of
New York, New York, New York.
Appeal from the United States District Court for the
Southern District of New York (Cote, J.).
UPON DUE CONSIDERATION, IT IS ORDERED, ADJUDGED, AND
DECREED that the judgment of the district court is AFFIRMED.
Plaintiffs-appellants Tashena Ampratwum and Eric
Fisher, proceeding pro se, appeal from the district court's May
13, 2013 judgment entered pursuant to the court's May 9, 2013
opinion and order, which granted summary judgment in favor of
defendants and dismissed plaintiffs' complaint alleging various
constitutional violations and violations of state law. We
assume the parties' familiarity with the facts, procedural
history, and issues on appeal.
We review orders granting summary judgment de novo,
focusing on whether the district court properly concluded that
there was no genuine issue as to any material fact and the
moving party was entitled to judgment as a matter of law. See
Miller v. Wolpoff & Abramson, LLP, 321 F.3d 292, 300 (2d Cir.
2003). We resolve all ambiguities and draw all reasonable
inferences in favor of the nonmoving party. See Nationwide Life
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Ins. Co. v. Bankers Leasing Ass'n, Inc., 182 F.3d 157, 160 (2d
Cir. 1999). Summary judgment is appropriate "[w]here the record
taken as a whole could not lead a rational trier of fact to find
for the non-moving party." Matsushita Elec. Indus. Co. v.
Zenith Radio Corp., 475 U.S. 574, 587 (1986).
An independent review of the record and relevant case
law reveals no error in the district court's grant of summary
judgment in favor of defendants. Accordingly, we affirm
substantially for the reasons set forth by the district court in
its thorough and well-reasoned opinion and order.
We have considered plaintiff's remaining arguments and
find them to be without merit. Accordingly, we AFFIRM the
judgment of the district court.
FOR THE COURT:
Catherine O'Hagan Wolfe, Clerk
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