Hill v. Alicia et al

Hill v. Alicia et al

Case Number:	3:2020cv00426
Filed:	April 19, 2020
Court:	US District Court for the District of Connecticut
Office:	New Haven Office
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights

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Date Filed	Document Text
January 17, 2023	Filing 85 ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. For the reasons stated in the attached ruling, the Court GRANTS the defendants' motion for summary judgment (Doc. # 76 ) and DENIES Hill's cross-motion for summary judgment (Doc. # 81 ). The Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 1/17/23. (Wang, S.)
April 19, 2020	Filing 14 ORDER GRANTING MOTION TO AMEND COMPLAINT AND INITIAL REVIEW ORDER. In accordance with the attached opinion, the Court enters the following orders: 1. Hill's motion to amend his complaint, Doc. # 13 , is GRANTED. The Clerk of Court shall dock et the filing at Doc. # 13 as the operative complaint in this matter. 2. Hill's Fourth and Fourteenth Amendment claims for excessive force, arising from the altercation of March 9, 2020, may proceed against defendants Correctional Officers Rosseni, Sandone, Pergy, and Williams, as well as Captains Chevalier and Jones. 3. All other claims and defendants to this action, including those named in the complaint that has been superseded by the current operative complaint, are DISMISSED. 4. The Clerk shall verify the current work addresses for the above-named defendants with the DOC Office of Legal Affairs, mail a waiver of service of process request packet containing the complaint to those defendants at the confirmed addresses w ithin twenty-one (21) days of this Order, and report to the Court on the status of the waiver requests by not later than the thirty-fifth (35) day after mailing. If any defendant fails to return the waiver request, the Clerk shall arran ge for in-person service by the U.S. Marshals Service on that defendant, and that defendant shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d).5. All defendants shall file their response to the complaint, e ither an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them.6. The Clerk shall send a courtesy copy of the complaint and this Order to the DOC O ffice of Legal Affairs.7. The discovery deadline is extended to six months (180 days) from the date of this Order. The parties must comply with the District of Connecticut "Standing Order Re: Initial Discovery Disclosures" which the Cle rk must send to plaintiff with a copy of this order. The order also can be found at http://ctd.uscourts.gov/district-connecticut-public-standing-orders. Note that discovery requests should not be filed with the Court. In the event of a dispute over d iscovery, the parties should make a good faith effort to resolve the dispute amongst themselves; then, the parties should file the appropriate motion to compel on the docket.8. The deadline for summary judgment motions is extended to seven mon ths (210 days) from the date of this Order.9. Pursuant to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion (i.e. a motion to dismiss or a motion for summary judgment) within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the Court may grant the dispositive motion without further proceedings.10. If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that he MUST notify the court. Failure to do so may result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. He should write PLEASE NOTE MY NEW ADDRESS on the notice. It is n ot enough to just put the new address on a letter without indicating that it is a new address. If Plaintiff has more than one pending case, he must indicate all of the case numbers in the notification of change of address. Plaintiff must also notify defendants or defense counsel of his new address. 11. Plaintiff shall utilize the Prisoner E-Filing Program when filing documents with the Court. Plaintiff is advised that the Program may be used only to file documents with the Court. As discovery requests are not filed with the Court, the parties must serve discovery requests on each other by regular mail.It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/19/2020 (Webley, A)

Date Filed

Document Text

January 17, 2023

Filing 85 ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. For the reasons stated in the attached ruling, the Court GRANTS the defendants' motion for summary judgment (Doc. # 76 ) and DENIES Hill's cross-motion for summary judgment (Doc. # 81 ). The Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 1/17/23. (Wang, S.)

April 19, 2020

Filing 14 ORDER GRANTING MOTION TO AMEND COMPLAINT AND INITIAL REVIEW ORDER. In accordance with the attached opinion, the Court enters the following orders: 1. Hill's motion to amend his complaint, Doc. # 13 , is GRANTED. The Clerk of Court shall dock et the filing at Doc. # 13 as the operative complaint in this matter. 2. Hill's Fourth and Fourteenth Amendment claims for excessive force, arising from the altercation of March 9, 2020, may proceed against defendants Correctional Officers Rosseni, Sandone, Pergy, and Williams, as well as Captains Chevalier and Jones. 3. All other claims and defendants to this action, including those named in the complaint that has been superseded by the current operative complaint, are DISMISSED. 4. The Clerk shall verify the current work addresses for the above-named defendants with the DOC Office of Legal Affairs, mail a waiver of service of process request packet containing the complaint to those defendants at the confirmed addresses w ithin twenty-one (21) days of this Order, and report to the Court on the status of the waiver requests by not later than the thirty-fifth (35) day after mailing. If any defendant fails to return the waiver request, the Clerk shall arran ge for in-person service by the U.S. Marshals Service on that defendant, and that defendant shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d).5. All defendants shall file their response to the complaint, e ither an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them.6. The Clerk shall send a courtesy copy of the complaint and this Order to the DOC O ffice of Legal Affairs.7. The discovery deadline is extended to six months (180 days) from the date of this Order. The parties must comply with the District of Connecticut "Standing Order Re: Initial Discovery Disclosures" which the Cle rk must send to plaintiff with a copy of this order. The order also can be found at http://ctd.uscourts.gov/district-connecticut-public-standing-orders. Note that discovery requests should not be filed with the Court. In the event of a dispute over d iscovery, the parties should make a good faith effort to resolve the dispute amongst themselves; then, the parties should file the appropriate motion to compel on the docket.8. The deadline for summary judgment motions is extended to seven mon ths (210 days) from the date of this Order.9. Pursuant to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion (i.e. a motion to dismiss or a motion for summary judgment) within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the Court may grant the dispositive motion without further proceedings.10. If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that he MUST notify the court. Failure to do so may result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. He should write PLEASE NOTE MY NEW ADDRESS on the notice. It is n ot enough to just put the new address on a letter without indicating that it is a new address. If Plaintiff has more than one pending case, he must indicate all of the case numbers in the notification of change of address. Plaintiff must also notify defendants or defense counsel of his new address. 11. Plaintiff shall utilize the Prisoner E-Filing Program when filing documents with the Court. Plaintiff is advised that the Program may be used only to file documents with the Court. As discovery requests are not filed with the Court, the parties must serve discovery requests on each other by regular mail.It is so ordered. Signed by Judge Jeffrey A. Meyer on 4/19/2020 (Webley, A)

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