Conley v. Aldi et al
| John L Conley |
| John Aldi and Faucher |
| 3:2018cv00824 |
| May 16, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New London |
| Victor A. Bolden |
| William I. Garfinkel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
20
INITIAL REVIEW ORDER:(1) The requests seeking monetary damages for violations of Mr. Conley's Eighth Amendment rights by the defendants in their official capacities are DISMISSED under 28 U.S.C. § 1915A(b)(2). The request for dec laratory relief, all Eighth Amendment claims asserted against SRG Coordinator Aldi, and the Eighth Amendment conditions claims related to the leaky and smelly toilet, the lack of cold running water, the clogged sink, and the denial of access to a tel ephone are DISMISSED under 28 U.S.C. § 1915A(b)(1). The Court will permit the Eighth Amendment claim related to Mr. Conley's confinement in his cell for 23 hours a day during a six-day period in February 2018, a twenty-two day period in March 2018, a five-day period in April 2018, and a fifteen-day period in May 2018 and the Eighth Amendment claim related to the deprivation of meaningful out of cell exercise during these same periods to proceed against Warden Faucher and Unit Ma nager Tommarrow in their individual capacities and the Eighth Amendment shower deprivation claim to proceed against Unit Manager Tommarrow in his individual capacity. (2) The Clerk of Court shall verify the current work addresses of Warden Fa ucher and Lieutenant/Unit Manager Tommarrow and mail a copy of the Amended Complaint, this Order, and a waiver of service of process request packet to each defendant in his individual capacity at his confirmed address. By July 9, 2021, the Cle rk of Court shall report to the Court on the status of the requests. If either Defendant fails to return the waiver request, the Clerk shall arrange for in-person service by the U.S. Marshals Service and that defendant shall be required to pay the co sts of such service in accordance with Federal Rule of Civil Procedure 4(d).(3) Defendants Tommarrow and Faucher shall file their response to the Amended Complaint, either an Answer or motion to dismiss, by August 13, 2021. If the Defe ndants choose to file an Answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules.(4) Discovery, under Federal Ru les of Civil Procedure 26 through 37, shall be completed by October 29, 2021. Discovery requests need not be filed with the Court.(5) All motions for summary judgment shall be filed by December 3, 2021.(6) If Mr. Conley changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that he MUST notify the Court. Failure to do so can result in the dismissal of the case. Mr. Conley should write PLEASE NOTE MY NEW ADDRESS on the notice. Putting a new address on a letter without indicating that it is a new address is insufficient. If Mr. Conley has more than one pending case, he should indicate all case numbers in the notification of change of address. Mr. Conley should also notify the attorney for the defendants of his new address. (7) Mr. Conley shall utilize the Prisoner E-filing Program when filing documents with the Court. Mr. Conley is advised that the Program may be used only to file documents with the Co urt. Local Court Rule 5(f) provides that discovery requests are not to be filed with the Court. Therefore, discovery requests must be served on defendants counsel by regular mail.(8) The Clerk of Court shall immediately enter the District of Connecticut Standing Order Re: Initial Discovery Disclosures concerning cases initiated by self-represented inmates and shall send a copy of the Standing Order to the parties. The order also can be found at http://ctd.uscourts.gov/district-connecticut-public-standing-orders. (9)The Clerk of Court shall send a courtesy copy of the complaint, and this order to the Department of Correction Legal Affairs Unit. Signed by Judge Victor A. Bolden on 6/4/2021. (Tisdale, I.)
|
|
Filing
14
INITIAL REVIEW ORDER.Mr. Conley's claims for injunctive and declaratory relief, and his claims for monetary damages against Defendants in their official capacities, are DISMISSED with prejudice under 28 U.S.C. § 1915A(b)(1).Mr. Conle y's First Amendment claims against Warden Faucher and SRG Coordinator Aldi for monetary damages in their individual capacities are DISMISSED under 28 U.S.C. § 1915A(b)(1); and the Eighth Amendment claims related to personal hygiene, unsanit ary and isolative conditions, and lack of exercise against Warden Faucher and SRG Coordinator Aldi for monetary damages in their individual capacities are DISMISSED without prejudice under 28 U.S.C. § 1915A(b)(1).Because the Court is dismissi ng Mr. Conleys Complaint, the Motion to Amend, [ECF No. 12], seeking to add Lieutenant Tommarrow as a defendant, is DENIED as moot. If Mr. Conley wishes to file an Amended Complaint bringing claims for monetary damages against Defendants in their ind ividual capacities, he may do so by May 1, 2020. Mr. Conley must list all Defendants he wishes to name in the case caption and explain how each Defendant was involved in the alleged unconstitutional condition of conf inement and how each condition deprived him of a basic human need or needs and indicate the dates on which or time periods during which each condition occurred.If Mr. Conley does not file an Amended Complaint by May 1, 2020, the Court will enter an order dismissing the Complaint with prejudice as to all Defendants and closing the case. Signed by Judge Victor A. Bolden on 8/23/20. (Leon, Noel)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
