Brizard v. Terrell et al
| Guy Brizard |
| Lieutenant Pasley, Mr. Prudgen, Ms. Lefort, Warden, MDC Duke Terrell and W. Velez |
| 1:2011cv02274 |
| April 27, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Allyne R. Ross |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
39
OPINION AND ORDER: Defendants have moved for dismissal of the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons stated herein, defendants' 32 motion is granted in part and denied in part. P laintiff's FTCA claim for negligence is dismissed for lack of subject matter jurisdiction. Plaintiff's Bivens claim may proceed against Lieutenant Paisley but is dismissed as to the remaining defendants. The Clerk of Court is directed to amend the caption to reflect that the correct name and title for "Lieutenant Pasley" is "Lieutenant Richard Paisley, Jr." and is directed to terminate from this action the remaining defendants. The parties shall proceed with d iscovery. SO ORDERED by Judge Allyne R. Ross, on 8/27/2012. C/mailed by Chambers. (Parties: Duke Terrell, Warden; W. Velez, Unit Manager; William Pridgen, Counselor; and Annecia Campbell-Karim, Case Manager - terminated.) (Latka-Mucha, Wieslawa)
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