Black v. Blackmun et al
| Theadore Black |
| Warden, Sr. Parole Officer Linda Wheeler, Eric G. Poulos, C.O. Rivera, Captain Salley, C.O. Byrd, Sgt. Gonzolez, District Attorney Charles J. Hynes, Detective John Doe 1, Detective John Doe 2, Ms. Johnson, Dr. Litungi, Mr. Mack, Ada Moore, Police Officer Rigoberto Nunez, Parole Officer Pierce, Ms. Bush, Parole Officer Salters and Police Officer Emile Blackmun |
| Hearing Officer of 3/25/2010 |
| 1:2011cv02372 |
| May 13, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Brian M. Cogan |
| Andrew L. Carter |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
47
MEMORANDUM DECISION AND ORDER, The Parole Officers' 18 motion to dismiss is converted to a motion for summary judgment and is granted; the claims against them, and the police officers, are dismissed without prejudice to reinstatement if Black successfully appeals his conviction. The Corrections Defts' motion to dismiss is granted as to all claims except those related to Black's supportive footwear; defts Yvonne Bush; Allison Johnson; Joe Salley; Darryl Moore; George Bird; and Ch azley Rivera are therefore dismissed. The Corrections Defts' motion to dismiss is denied as to deft Michael Latunji. Black's 40 and 46 motion to amend the complaint is denied except as to his allegations re: supportive footwear. Pursuan t to Valentin v. Dinkens, 121 F.3d 72 (2d Cir. 1997) (per curiam), the Court requests that Corporation Counsel ascertain the full names and service addresses of C.O. Scoma, C.O. San Martin, and Captain Thomas, and produce this information within 20 d ays of this Order. Once this information is provided, Black's complaint shall be deemed amended to reflect the full names of these defts, summonses shall be issued and the Court shall direct service on these defts. Judge Carter shall continue to supervise pretrial proceedings in this matter. The remaining defts (Litunji; Scoma; San Martin; and Thomas) may move for summary judgment without leave of the Court upon Judge Carter's certification that discovery is sufficiently complete for t hat purpose. The Court certifies pursuant to 28 USC sec. 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. (Ordered by Judge Brian M. Cogan on 11/30/11). c/m by chambers. (Galeano, Sonia)
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Filing
6
MEMORANDUM AND ORDER, As to pltf's claims against the remaining defts, the Court directed pltff to provide within 30 days any reason why the action should not be stayed in light of his pending criminal case. On 6/20/11, pltff filed a timely resp onse. The US Marshals Service is directed to serve the summons and complaint upon the defts Blackmun, Salters, Pierce, Wheeler, Nunez, Gonzalez, Litungi, Mack, Bush, Johnson, Salley, Moore, Byrd and Rivera without prepayment of fees. Pursuant to Vale ntin v. Dinkins, 121 F.3d 72 (2d Cir. 1997) (per curiam), Corporation Counsel is hereby requested to produce the information specified above re: the identities and service addresses of the arresting officers and the Rikers Island administrative heari ng officer within 20 days of this Order. Once this information is provided, pltff's complaint shall be deemed amended to reflect the full names of the defts, summonses shall be issued and the Court shall direct service on the defts. A copy of th is Order shall be served on the Special Litigation Division of the Corporation Counsel. The Court certifies pursuant to 28 USC sec. 1915(a)(3), that any appeal from this order would not be taken in good faith. (Ordered by Judge Brian M. Cogan on 6/21/11) c/m by chambers. (Galeano, Sonia)
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