Restucci v. Clarke et al
| William Restucci |
| Harold Clarke, Thomas E. Dickhaut, Jane Doe and John Doe |
| 1:2009cv10584 |
| April 15, 2009 |
| US District Court for the District of Massachusetts |
| Prisoner: Civil Rights Office |
| Middlesex |
| William G. Young |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Filing
24
Judge William G. Young: ORDER entered. MEMORANDUM AND ORDER: Accordingly, the Prison Officials' motion to dismiss is ALLOWED in part and DENIED in part. The Prison Officials' motion as to Restucci's First and Fourteenth Amendment clai ms is allowed. Restucci will have 45 days from this memorandum and order to produce evidence of mental illness that would preclude his placement in a double-bunked cell. If Restucci is unable to provide such evidence within 45 days, then his Eighth Amendment claim will also be dismissed, and the Prison Officials' motion to dismiss will be allowed in its entirety. SO ORDERED (Paine, Matthew)
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