Doe et al v. State Of New York et al
| K. Doe and R. Doe |
| Department of Correctional Services of the State of New York, Brian Fischer, David Patterson and State Of New York |
| 1:2010cv01792 |
| April 22, 2010 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Raymond J. Dearie |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
102
MEMORANDUM & ORDER: Defendants' 95 motion to dismiss the Third Amended Complaint is denied in part and granted in part. Plaintiff has sufficiently alleged the plausibility of the claim that there was such a Hepatitis policy, as well as the personal involvement of Governor Pataki. However, plaintiff's claims against Dr. Curtin and Dr. O'Connell are dismissed without prejudice for failure to allege personal involvement under Section 1983, and plaintiff's claims against Acting Commissioner Annucci, Dr. Koenigsmann, Dr. Augustin, and Dr. Sheikh are barred by the statute of limitations. Ordered by Judge Raymond J. Dearie on 3/13/2015. (Chee, Alvin)
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Filing
69
MEMORANDUM ORDER: Counsel for the plaintiff has responded 67 to the court's 66 order to show cause. The court will accept the excuse one time. The plaintiff is afforded one final opportunity to serve initial document requests and interrog atories on the defendant George Pataki within 21 days. The plaintiff's counsel is ordered to serve a copy of the attached order on his client forthwith, and to file a certificate of service in the record. Ordered by Magistrate Judge Viktor V. Pohorelsky on 7/16/2013. (Newton, Joan)
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Filing
61
MEMORANDUM & ORDER: Defendants' 60 motion for reconsideration is denied. Ordered by Judge Raymond J. Dearie on 3/5/2013. (Chee, Alvin)
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Filing
49
MEMORANDUM & ORDER: All claims against the State of New York, DOCS, and all state officials in their official capacities are dismissed with prejudice pursuant to Rule 12(b)(1). Plaintiffs' state law claims against DOCS officials in their indi vidual capacities are also dismissed with prejudice pursuant to Rule 12(b)(1) through the application of New York Correction Law Section 24. All claims against Governor Cuomo and Commissioner Fisher in their individual capacities are dismissed with prejudice pursuant to Rule 12(b)(6). The claims against the DOCS officials in their individual capacities are dismissed without prejudice. The claims against Governor Pataki may proceed to discovery, however, with the exception of the Equal Protection and medical malpractice claims. Ordered by Judge Raymond J. Dearie on 9/27/2012. (Chee, Alvin)
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