Hirsch v. Desmond et al
| Joseph S. Hirsch |
| John K. Desmond, Brian Fischer, E. DeVance, Christina J. Gilson and Nancy J. Young |
| 2:2008cv02660 |
| June 25, 2008 |
| US District Court for the Eastern District of New York |
| Civil Rights: Other Office |
| Suffolk |
| Joanna Seybert |
| A. Kathleen Tomlinson |
| None |
| Federal Question |
| 28:1343 Violation of Civil Rights |
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Filing
126
MEMORANDUM & ORDER denying 106 Motion for Reconsideration; granting 114 Motion for Summary Judgment; granting 115 Motion for Summary Judgment; For the foregoing reasons, Plaintiff's motion requesting the Court revise its earlier rulin g that he had no liberty interest in his good time credits (Docket Entry 106) is DENIED, and the County's and the State Defendants' motions for summary judgment (Docket Entries 114, 115) are GRANTED. As discussed in footnote one, the Clerk of the Court is DIRECTED to update the caption to add Suffolk County as a defendant and to TERMINATE all defendants EXCEPT Suffolk County, Katherine Pernat, and Joseph Tortora. Additionally, as discussed in footnote three, the County is directed to refile a corrected Rule 56.1 Statement with complete deposition transcripts. Upon receipt of the complete deposition transcripts, the Clerk of the Court is directed to enter judgment consistent with this Memorandum and Order and to mark this case CLOSED. So Ordered by Judge Joanna Seybert on 3/18/2015. C/ECF (Valle, Christine)
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Filing
79
MEMORANDUM & ORDER granting in part and denying in part 72 Motion to Amend/Correct/Supplement. For the foregoing reasons, Plaintiff's motion to amend is GRANTED IN PART and DENIED IN PART. To the extent that it seeks to plead due process a nd equal protection claims against the County Defendants in their official capacities, the motion is GRANTED on consent. To the extent that it seeks to replead due process and equal protection claims against Defendant Pernat and a new John Doe Defen dant in their individual capacities, the motion is GRANTED IN PART and DENIED IN PART: Plaintiff may amend the FAC to assert only a substantive due process claim. The Clerk of the Court is directed to (i) docket pages 2 through 13 of Docket Entry 74 as a separate docket entry titled, "Second Amended Complaint"; (ii) reinstate Pernat as a Defendant in this action; and (iii) add a new John Doe Defendant to the caption. So Ordered by Judge Joanna Seybert on 2/7/2013. C/ECF (Valle, Christine)
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Filing
64
MEMORANDUM AND ORDER granting in part and denying in part 60 Motion to Dismiss. For the foregoing reasons, the Suffolk Defendants' motion for summary judgment (Docket Entry 60) is GRANTED IN PART AND DENIED IN PART. It is GRANTED with respect to the claims against the Suffolk Defendants in their individual capacities, and it is DENIED as to the claims against them in their official capacities without prejudice to refile after the close of discovery. Counsel for the Suffolk Defendants is ORDERED to serve a copy of this Memorandum and Order on the pro se Plaintiff and file proof of service via ECF within seven (7) days of the date of this Memorandum and Order. So Ordered by Judge Joanna Seybert on 2/15/12. C/ECF (Valle, Christine)
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Filing
50
MEMORANDUM AND ORDER - From the record, it is unclear if Plaintiff has sued Defendants John K. Desmond, Christina J. Gilson, and Nancy J. Young in their official capacities, as individuals, or both. Consequently, before ruling on Defendants' req uest to file an early summary judgment motion before the completion of discovery, the Court ORDERS Plaintiff to clarify, within fourteen (14) days, in what capacity or capacities he has sued these Defendants. The Suffolk County Defendants are directed to serve a copy of this Order upon Plaintiff. So Ordered by Judge Joanna Seybert on 11/12/2010. (Valle, Christine)
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