Brown v. The City of New York
- Jessica Clarke
- 1:23-cv-05924
- U.S. District Court · Southern District of New York
- 2
In Brown v. City of New York, Judge Jessica G. L. Clarke adopted a recommendation granting in part and denying in part the motion to dismiss.
Arthur Lamar Brown, the City of New York, and the other defendants. The opinion does not identify which specific claims were dismissed or allowed to proceed.
What happened
Brown v. The City of New York involved a motion to dismiss that had been referred to Magistrate Judge Aaron for review. Magistrate Judge Aaron recommended granting the motion in part and denying it in part.
The parties had fourteen days to object to that recommendation, but Arthur Lamar Brown filed no objection and did not request more time. The court said he therefore waived the right to object and to obtain appellate review.
After reviewing the motion and recommendation, Judge Jessica G. L. Clarke found the recommendation well reasoned and supported by the facts and law. She adopted it in its entirety and directed the Clerk of Court to terminate the motion and mail Brown a copy of the order.
The detailed version
- Brown v. The City of New York · No. 1:23-cv-05924
- Jessica G. L. Clarke
- Aug. 19, 2025
Background
Arthur Lamar Brown sued the City of New York and other defendants. The defendants filed a motion to dismiss. The motion was referred to Magistrate Judge Aaron, who issued a Report and Recommendation on July 16, 2025.
Report and Recommendation
Magistrate Judge Aaron recommended that the motion to dismiss be granted in part and denied in part. The recommendation informed the parties that they had fourteen days after service to object and warned that failing to object on time would waive the right to object.
District Court’s Review
No objections or requests for an extension had been filed by the date of the order. The court concluded that Brown had waived his right to object to the recommendation and to obtain appellate review. The court nevertheless reviewed the motion and the recommendation without objections. It found the recommendation well reasoned and grounded in fact and law.
Disposition
Judge Jessica G. L. Clarke adopted the Report and Recommendation in its entirety. The order therefore left in place the recommendation that the motion to dismiss be granted in part and denied in part. The Clerk of Court was directed to terminate the motion listed as ECF No. 59 and mail a copy of the order to Brown. The opinion does not identify which specific claims or defenses were included in the partial grant and partial denial.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.