Benjamin v. Captain Flores et al
| Jason Benjamin |
| C.O. Davis, C.O. Woods and Captain Flores |
| 1:2011cv04216 |
| August 30, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Allyne R. Ross |
| Ramon E. Reyes |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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
38
AMENDED OPINION AND ORDER: With respect to plaintiff's claims against Captain Fowler and C.O. Davis, defendants' motion to dismiss is granted. With respect to plaintiff's claim of excessive force against C.O. Woods, defendants ' motion is denied. With respect to plaintiff's claims regarding suspension of his visitation privileges, defendants' motion is granted. With respect to the issue of exhaustion of administrative remedies under the PLRA, defendants& #039; motion is denied. Those aspects of plaintiff's complaint that are dismissed are dismissed without prejudice. Plaintiff will have leave to replead, pursuant to Federal Rule of Civil Procedure 15(a), by 11/20/2012. SO ORDERED by Judge Allyne R. Ross, on 10/23/2012. C/mailed by Chambers to pro se Plaintiff. (Parties: Captain Flores and C.O. Davis terminated.) (Latka-Mucha, Wieslawa)
|
|
Filing
37
MEMORANDUM AND ORDER: Before the Court is defendants' unopposed motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). The 23 motion is granted in part and denied in part. With respect to plaintiff' ;s claims against Captain Fowler and C.O. Davis, defendants' motion to dismiss is granted. With respect to plaintiff's claim of excessive force against C.O. Woods, defendants' motion is denied. With respect to plaintiff's claims regarding suspension of his visitation privileges, defendants' motion is granted. With respect to the issue of exhaustion of administrative remedies under the PLRA, defendants' motion is denied. Those aspects of plaintiff's complai nt that are dismissed are dismissed without prejudice. Plaintiff will have leave to replead, pursuant to Federal Rule of Civil Procedure 15(a), by 11/20/2012. The Clerk of Court is directed to enter judgment accordingly. SO ORDERED by Judge Allyne R. Ross, on 10/18/2012. C/mailed by Chambers. (Forwarded for Judgment.) (Latka-Mucha, Wieslawa)
|
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 New York Eastern 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.
