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OCASIO v. CITY OF CANANDAIGUA

18-CV-6712L.

513 F.Supp.3d 310 (2021)

Alysa OCASIO, Andrew Ocasio and Jahaira Holder, as Administratrix of the Estate of Sandy Guardiola, Plaintiffs, v. CITY OF CANANDAIGUA, a municipal entity; Canandaigua Police Chief Stephen Hedworth, in his individual and official capacities; Canandaigua Police Sergeant Scott Kadien, in his individual capacity; DOCCS Parole Chief Dawn Anderson, in her individual capacity; DOCCS Senior Parole Officer Thomas O'Connor, in his individual capacity; Grand Atlas Property Management, LLC, formerly known as Morgan Management, LLC, a domestic Limited Liability Company; Morgan Communities Management, LLC ("Morgan Communities"), a domestic Limited Liability Company; Pinnacle North I LLC ("Pinnacle"), a foreign Limited Liability Company; and John and Jane Doe #1 and #2, employees of Grand Atlas, Morgan Communities, and/or Pinnacle, Defendants.

United States District Court, W.D. New York.

Signed January 13, 2021.

Attorney(s) appearing for the Case

Jonathan C. Moore, Marc A. Cannan, Luna Droubi, Beldock, Levine and Hoffman, New York, NY, for Plaintiffs Alysa Ocasio, Andrew Ocasio.

Jonathan C. Moore, Luna Droubi, Beldock, Levine and Hoffman, New York, NY, for Plaintiff Jahaira Holder.

Daniel T. Cavarello, Sugarman Law Firm LLP, Buffalo, NY, Jenna W. Klucsik, Sugarman Law Firm, LLP, Syracuse, NY, for Defendants City of Canandaigua, Stephen Hedworth.

Shannon T. O'Connor, Alexander James Blood, John P. Coghlan, Goldberg Segalla, LLP, Syracuse, NY, for Defendant Scott Kadien.

J. Richard Benitez, Nys Attorney General's Office Department of Law, Rochester, NY, for Defendants Dawn Anderson, Thomas O'Connor, Beth Hart-Bader.

Christian C. Casini, Osborn, Reed & Burke, LLP, Rochester, NY, for Defendants Grand Atlas Property Management, LLC, Morgan Communities Management, LLC, Pinnacle North I LLC.

DECISION AND ORDER

On October 4, 2017, Sandy Guardiola ("Guardiola") was shot three times as she slept in her bed in Canandaigua, New York, by Canandaigua Police Sergeant Scott Kadien ("Kadien"). Guardiola, a long-time parole officer with the New York State Department of Corrections ("DOCCS...

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