Mancucci v. Kinnear et al
| Robert Mancucci |
| Kristofer Kinnear, John Doe #1, John Doe #2 and John Doe #3 |
| 1:2017cv01255 |
| November 15, 2017 |
| US District Court for the Northern District of New York |
| Albany Office |
| Franklin |
| Gary L. Sharpe |
| Daniel J. Stewart |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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Filing
67
SUMMARY ORDER - That defendants' 58 motion for summary judgment is DENIED. That the following claim remains against defendants: a Fourth Amendment excessive force claim. That this case is now deemed trial ready and a trial scheduling order will be issued in due course. Signed by Senior Judge Gary L. Sharpe on 2/3/2021. (Copy served via regular mail)(jel, )
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Filing
8
ORDER - ORDERED that the Report-Recommendation and Order (Dkt. No. 7)is ADOPTED in its entirety; and it is further ORDERED that plaintiff's eighth amendment deliberate medical indifference claim is DISMISSED without prejudice; and it is further ORDERED that defendant Kinnear is DISMISSED without prejudice from this action; and it is further ORDERED that plaintiff's eighth amendment excessive force claim is allowed to proceed against John Does Nos. 1-3 ; and it is further ORDERED that the U.S. Marshal serve a copy of the Complaint, the Report-Recommendation and Order, and a copy of this Order on S uperintendent George P. Beach III of the New York State Police. The superintendent shal l, to the extent possible, produce the informationregarding the identities of the John Doe defendants to the court within thirty days of this Order. Once this information is provided, plaintiff's complaint shall be deemed amended to reflect the full names of the John Doe defendants identified, Summonses shall be issued and the court shall direct service on those newly identified defendants. Signed by Senior Judge Gary L. Sharpe on 1/23/2018. (Copy served via regular mail)(jel, )
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