Gonzalez v. Shahnoon et al
Alexander Nino Gonzalez |
Jeh Johnson, Loretta Lynch and Christofer Shahnoon |
1:2015cv02961 |
May 19, 2015 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Margo K. Brodie |
Vera M. Scanlon |
Civil Rights: Other |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
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Filing 10 MEMORANDUM AND OPINION. For the reasons discussed in the attached memorandum and opinion, Plaintiff's Bivens claims against Shanahan, Johnson, and Lynch in their official capacities are dismissed with prejudice for failure to state a claim, 28 U .S.C. § 1915A, and these claims may not be re-pleaded. Plaintiff's claims against Shanahan, Johnson, and Lynch in their individual capacities are also dismissed without prejudice and plaintiff is granted leave to re-plead his claims within sixty (60) days of the date of this memorandum and order if, as discussed above, plaintiff can allege that each defendant's individual actions led to the alleged constitutional violations. Ordered by Judge Kiyo A. Matsumoto on 10/16/2015. (Jacobson, Jonathan) |
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