Boykins v. Lopez

Background

Tyrone Boykins sued Officer Angel Lopez, Officer Joseph Palermo, Officer Parades, the City of Newburgh, and the City of Newburgh Police Department. The opinion states that the City filed a motion to dismiss addressing the claims against the City, the Police Department, and the individual defendants. The City sought dismissal of the complaint against the City and dismissal of the false-arrest, denial-of-medical-assistance, and perjury claims against the individual defendants.

In a June 27, 2022 opinion, the Court stated that all of Boykins’s claims against the City were dismissed except for an excessive-force claim, which the Court understood the City had not asked it to dismiss. The City then sought reconsideration.

Legal standard

The Court explained that motions for reconsideration under Federal Rule of Civil Procedure 59(e) and Local Civil Rule 6.3 are narrowly limited. A party generally must identify an intervening change in controlling law, new evidence, or a clear error or manifest injustice. The party cannot use reconsideration simply to repeat arguments or submit material that could have been presented earlier.

Ruling

The Court found that the City met this demanding standard. It concluded that its earlier decision appeared to have been based on a misunderstanding of the relief the City requested. The Court therefore granted the City’s motion for reconsideration and dismissed the excessive-force claim against the City to correct the clear error.

The Court allowed Boykins to file an amended complaint within 30 days of the order. It stated that the amended complaint would replace, rather than supplement, the original complaint and must include all claims, factual allegations, and exhibits Boykins wanted the Court to consider. The Court warned that failure to meet the deadline may result in dismissal of his claims with prejudice. The Clerk was directed to terminate the reconsideration motion and mail the order to Boykins.