McIntosh v. United States Of America et al
| Charles T. McIntosh |
| United States Of America, P. Conklin, M. Recktenwald, M. Whinnery, Susney, J. Diehl, D. Hickman, A. Dachisen and John & Jane Does # 1 through # 30 |
| 1:2014cv07889 |
| September 29, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
69
OPINION & ORDER: For the foregoing reasons, the Court grants Defendants' Motion To Dismiss in part and denies in part Plaintiff's August 4, 2015 Motion. (See Dkt. Nos. 23, 32.) More specifically, the Court permits the Parties to engage in limited discovery on the issue of Plaintiff's PLRA exhaustion as described herein, and, with respect to the concededly exhausted claims: Dismisses Plaintiff's claims against Whinnery, Dachisen, Diehl, Hickman, and Susney for lack of personal involvement; Dismisses Plaintiff's claims against Recktenwald for lack of personal involvement, except insofar as they relate to her denial of Plaintiff's false incident report grievance; Dismisses Plaintiff's remaining c laims against Recktenwald, as she is entitled to qualified immunity; Dismisses all claims brought against individual Defendants in their official capacities, as they are barred by the doctrine of sovereign immunity; Dismisses all claims brou ght pursuant to the FTCA; Dismisses Plaintiff's § 1986 claims; Dismisses Plaintiff's Sixth Amendment right-to-counsel claims; Dismisses Plaintiff's Fifth Amendment access-to-the-court claims; Dismisses Plaintiff's ret aliation claim; and Denies Plaintiff's August 4 Motion in its entirety, except that the Court declines to rule on the question of sanctions relating to Defendants' preservation of the March 2014 footage. Within 30 days of this Opinion, Plaintiff may file a Second Amended Complaint. The Clerk of the Court is respectfully requested to terminate the pending Motions. (See Dkt. No. 23, 32.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/31/2016) (lnl)
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