Simmons v. City of Mount Vernon
- Vincent Briccetti
- 7:19-cv-10388
- U.S. District Court · Southern District of New York
- 1
In Simmons v. City of Mount Vernon, Judge Briccetti granted defendants’ dismissal motion, denied Simmons’s amendment request, and closed the case.
Terri Simmons and the listed defendants; the case was closed, and Simmons was denied fee-free status for an appeal.
What happened
In Simmons v. City of Mount Vernon, the defendants asked the court to dismiss Simmons’s second amended complaint. The provided judgment does not describe the claims or the parties’ arguments.
The court also considered Simmons’s request for permission to amend the complaint again. The judgment refers to a February 8, 2023, opinion and order for the reasons behind these decisions, but that opinion was not provided here.
Judge Vincent Briccetti’s court granted the defendants’ motion to dismiss, denied Simmons’s request to amend, denied fee-free status for an appeal after certifying that an appeal would not be taken in good faith, and closed the case.
The detailed version
- Simmons v. City of Mount Vernon · No. 7:19-cv-10388
- Vincent Briccetti
- Feb. 9, 2023
What the judgment says
The judgment identifies Terri Simmons as the plaintiff and lists Kenneth R. Hamilton, Felicia Gaon, the Putnam/Westchester Board of Cooperative Educational Services, the Mount Vernon City School District, Murphy, Penny Beckman, Michele Fret, and Shelley Einbinder Fleischmann as defendants. It states that the defendants moved to dismiss Simmons’s second amended complaint.
Rulings
The court granted the defendants’ motion to dismiss the second amended complaint. The judgment does not state whether the dismissal was with or without prejudice.
The court denied Simmons’s cross-motion for leave to amend, meaning her request to file another amended complaint was denied.
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Simmons fee-free status for purposes of an appeal. The case was closed.
Limitations of the provided text
The judgment says the reasons for the rulings appear in the court’s February 8, 2023, opinion and order. That opinion was not included, so the claims, arguments, and reasons for dismissal cannot be summarized from the provided text.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.