Morgan v. Baird et al
| Johnny Morgan |
| Maureen P. Baird, Michael Ward, E. Green, C. Merrick, K. Hardy, R. Graham, Kimberly Shivers, K. Durrant, Adams, Hutchinson and Jane Doe |
| 1:2014cv07921 |
| September 29, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H. Woods |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
245
MEMORANDUM OPINION AND ORDER re: 211 MOTION for Partial Summary Judgment filed by Christopher Merrick, Jabraddrick Durant, United States Of America, William Feliciano, Gregory Adams, Kimberly Shivers, Keith Hardy, George Green, Rashee Graham. Because Mr. Morgan has alternative remedies available to him, and because there are special factors counseling hesitation in extending Bivens to the context raised in this case, Defendants are entitled to summary judgment o n Mr. Morgan's Fourth and Fifth Amendment claims. In addition, because the record does not show that Mr. Morgan suffered a "sufficiently serious" delay or harm, Defendants are entitled to summary judgment on his Fifth Amendment deli berate indifference claim. Finally, to the extent Mr. Morgan's FTCA claim is predicated on a violation of BOP policy, that claim fails as a matter of law because there is no private analogue for a violation of BOP policy under New York law. D efendants' motion for partial summary judgment is therefore granted. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 211. Chambers will mail Plaintiff a copy of this order together with copies of any unpublished cases cited in this opinion. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/29/2018) Copies Mailed By Chambers. (anc)
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Filing
98
MEMORANDUM OPINION AND ORDER. For the foregoing reasons, the defendants' motion to dismiss is granted in part and denied in part. The plaintiff's claims against defendants Michael Ward, Catherine Linaweaver, Maureen Baird, and William Hutch ings are dismissed without prejudice. The plaintiff is granted leave to file a fifth amended complaint to add Charleston Iwuaguwu and Melissa Rios as defendants in this action and to cure the defects outlined in Section IV(B)(1)-(2) of this order. Th e plaintiff is directed to file any such amended complaint within thirty days after the date of this order. The Court certifies under 28 U.S.C. § 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 the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to remove William Hutchings from the caption in this case, and to terminate the motion pending at dock et number 53. So ordered. re: 53 MOTION to Dismiss the Fourth Amended Complaint filed by George Greene, Christopher Merrick, Michael Ward, Jabraddrick Durant, United States Of America, William Feliciano, Gregory Adams, Maureen P. Baird, William Hutchings, Kimberly Shivers, Catherine L. Linaweaver, Keith Hardy, Rashee Graham. Catherine L. Linaweaver, Michael Ward, Maureen P. Baird and William Hutchings (Associate Warden) terminated. (Signed by Judge Gregory H. Woods on 2/2/2016) (rjm)
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