Cruz v. Reiner et al
| Miguel Cruz |
| David Cooke, Maria and Jonathan Reiner |
| 1:2011cv02131 |
| May 2, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Steven M. Gold |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
197
MEMORANDUM DECISION AND ORDER granting defendants' motion for summary judgment. See attached decision. Ordered by Judge Brian M. Cogan on 10/16/2013 (c/m by Chambers). (Cogan, Brian)
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Filing
168
ORDER granting in part and denying in part 164 Motion for Summary Judgment; granting in part and denying in part 165 Motion for Summary Judgment, as indicated in the attached ORDER. Ordered by Chief Mag. Judge Steven M. Gold on 7/22/2013. (Gold, Steven)
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Filing
143
ORDER AFFIRMING MAGISTRATE JUDGE DECISION. See endorsed Order attached. Ordered by Judge Brian M. Cogan on 3/29/2013. (Cogan, Brian)
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Filing
96
ORDER denying 93 Motion for More Definite Statement; granting 93 Motion to Appoint Counsel. For the reasons stated in the attached Order, plaintiff's "motion for a more definite statement," which I interpret to be a motion for r econsideration with regard to my ruling on his motion to compel, is denied. Plaintiff's application for appointment of counsel is granted. Although there is no guarantee that the Court will find a pro bono lawyer willing to volunteer to repres ent him, plaintiff should cooperate with any attorney from the Court's pro bono panel who contacts him regarding this case. A copy of the Order will be mailed on this day to the pro se plaintiff at the address listed on the docket sheet. Ordered by Chief Magistrate Judge Steven M. Gold on 8/10/2012. (Keefe, Reed)
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Filing
40
MEMORANDUM DECISION AND ORDER, Pltff's motion for reconsideration on his false imprisonment claim is DENIED as pltff has offered no adequate basis of reconsideration. Pltff's allegations against defts Cook, the "skinny tall detective," and the "Spanish bald detective" present a factual issue as to whether these defts were deliberately indifferent to pltff's conditions of confinement. Defts' motion for summary judgment is therefore DENIED as to these defts. However, defts' motion for summary judgment is GRANTED as to Lawrence O., as pltff has failed to submit sufficient evidence of Lawrence O.'s personal involvement in pltff's allegedly unconstitutional conditions of confinement. Pltff&# 039;s description of Lawrence O.'s involvement in his affidavit does not cure his deficiency. Pltff's affidavit has failed to provide sufficient evidence of the personal involvement of Lawrence O. in pltff's allegedly unconstitutional conditions of confinement, and defts' motion for summary judgment is granted as to that deft. The Clerk of the Court is instructed to terminate deft Lawrence O. from this action. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purposes of an appeal. (Ordered by Judge Brian M. Cogan on 1/18/2012) c/m by chambers. (Galeano, Sonia)
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Filing
32
MEMORANDUM DECISION AND ORDER, Summary judgment is granted as to pltff's claims for false imprisonment, malicious prosecution, abuse of process, delay of process, and any claims by which pltff is challenging his guilty plea and conviction, witho ut prejudice to recommence if pltff succeeds in having his conviction overturned. Summary judgment is also granted as to pltff's claim for a violation of his Miranda rights. Summary Judgment is denied as to pltff's damages claim for unconst itutional conditions of confinement. Pltff is given 21 days to provide a sworn statement describing the personal involvement of defts Christopher Cooke, Lawrence O., the "skinny tall detective," and the "Spanish bald detective" wi th regard to pltff's conditions of confinement. Defts may submit a reply addressing the sufficiency of pltff's allegations within 14 days of pltff's submission. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purposes of an appeal. (Ordered by Judge Brian M. Cogan on 12/12/2011) c/m by chambers. (Galeano, Sonia)
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