El-Hanafi v. United States Of America et al

Defendant: John and Jane Does, John/Jane Doe, M.D., United States Of America, Sean Cooper, Daniel Withers, Federal Bureau of Prisons (BOP) and Metropolitan Correctional Center (MCC), C. Evangelista,, Charlotte Doe, Anthony Bussanich, M.D., Adam Johnson, Esq., Mark Glover, M.D., Suzanne Hastings, A. Aboulfateh, E. Ramos, T.A. Cooper, Julie Small and John/Jane Does
Plaintiff: Wesam El-Hanafi
Case Number: 1:2013cv02072
Filed: March 28, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Paul A. Crotty
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
August 22, 2014 56 Opinion or Order of the Court OPINION AND ORDER re: 44 MOTION to Dismiss. filed by Conmed Healthcare Management, Inc., Correct Care Solutions. For the foregoing reasons, the motion to dismiss the complaint against Correct Care Solutions, Inc., Conmed Healthcare Management, In c., and its employees John/Jane Doe, MD, Alexandria, Virginia Facility, Clinical Director and John/Jane Does, Alexandria Facility (Va.) Staff Health Care is granted. The Clerk of Court is directed to terminate the motion pending at docket number 44 and to dismiss the aforementioned defendants from the case. (Signed by Judge Gregory H. Woods on 8/22/2014) (djc)
January 6, 2015 57 Opinion or Order of the Court OPINION AND ORDER re: 28 MOTION to Dismiss filed by Daniel Withers, Julie Small, Anthony Bussanich, M.D., United States Of America, A. Aboulfateh, E. Ramos, C. Evangelista,, Mark Glover, M.D., Charlotte Doe, Sean Cooper, Thomas Goforth, Adam Johnson, Esq., Suzanne Hastings: For the foregoing reasons, the Court grants defendants' partial motion to dismiss in its entirety. Specifically: Defendants' motion to dismiss the FTCA claims is GRANTED with respect to : the denial of medical care and medical malpractice (first cause of action), negligence for failure to deliver ordinary medical care (second cause of action), and negligent infliction of emotional distress by failing to respond to his requests fo r treatment and negligently ignoring or disregarding his medical needs (fourth cause of action) as against the individual defendants; the negligent restriction of movement (third cause of action) as against the United States; the actions of C onmed, CCS and its employees (first, second, and fourth causes of action) as against the United States; the shackling allegations during El-Hanafi's transport from the MCC to the hospital (fourth cause of action) as against the United States; and the actions of United Security and its employees during El-Hanafi's hospitalization (fourth cause of action) as against the United States. Defendants' motion to dismiss the state law and federal common law claims for negligent enfor cement of extraordinary restrictions on movement during the flight from Dubai to the United States (third cause of action) against defendants Withers, Ryder, and Sean Cooper is GRANTED. Defendants' motion to dismiss the state law and federal c ommon law claims for negligent delivery of medical care (second cause of action), asserted under this Court's supplemental jurisdiction, against the employees of the Alexandria Detention Center (i.e. the employees of CCS and Conmed), and the federal employees of the Federal Transfer Center and the Metropolitan Correction Center, is GRANTED. Defendants' motion to dismiss the Bivens claims individual federal defendants Goforth, Glover, Bussanich, Aboulfateh, Ramos, Evangelista, Hast ings, Johnson, Small, Withers, Ryder, and Sean Cooper, is GRANTED. In addition, the Court sua sponte dismisses the Bivens claim against defendant Tonya Cooper. The only claims that survive this decision are El-Hanafi's FTCA claims against the United States under the first, second, and fourth causes of action as they relate to the provision of medical care at the Federal Transfer Center and the MCC. The Clerk of Court is respectfully requested to close the motion pending at Dkt. No. 28. (Signed by Judge Gregory H. Woods on 1/6/2015) (tn)

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Search for this case: El-Hanafi v. United States Of America et al
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Defendant: John and Jane Does
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Defendant: John/Jane Doe, M.D.
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Defendant: United States Of America
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Defendant: Sean Cooper
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Defendant: Daniel Withers
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Defendant: Federal Bureau of Prisons (BOP) and Metropolitan Correctional Center (MCC)
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Defendant: C. Evangelista,
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Defendant: Charlotte Doe
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Defendant: Anthony Bussanich, M.D.
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Defendant: Adam Johnson, Esq.
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Defendant: Mark Glover, M.D.
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Defendant: Suzanne Hastings
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Defendant: A. Aboulfateh
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Defendant: E. Ramos
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Defendant: T.A. Cooper
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Defendant: Julie Small
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Defendant: John/Jane Does
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Plaintiff: Wesam El-Hanafi
Represented By: Jake Richey Harper
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