Scaccia v. County of Onondaga, New York et al
||Ronald A. Scaccia
||County of Onondaga, New York, Timothy H. Cowin, Kevin E. Walsh and Mark Johnston, M.D.
||February 26, 2007
||US District Court for the Northern District of New York
||Gustave J. DiBianco
||Frederick J. Scullin
|Nature of Suit:
||Civil Rights: Other
|Cause of Action:
||42 U.S.C. § 1983 Civil Rights Act
|Jury Demanded By:
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|September 16, 2011
ORDER DISMISSING CASE: approving the # 33 Stipulation of Discontinuance, the only pending claim in this action - plaintiff's Eighth Amendment claim against defendant Johnson in his individual capacity is discontinued with prejudice, and without costs or attorney's fees to either party as against the other. Signed by Judge Glenn T. Suddaby on 9/16/2011. (jmb)
|December 15, 2009
MEMORANDUM DECISION & ORDER granting in part and denying in part Defendant's # 9 Motion to Dismiss. Plaintiff's claim for punitive damages is sua sponte dismissed with prejudice; Plaintiff's Eighth Amendment claim against the County i s dismissed without prejudice; Plaintiff's Eighth Amendment claims against Defendants Cowin, Walsh and Johnston in their official capacity are dismissed with prejudice; Plaintiff's Eighth Amendment claims against Defendants Cowin and Walsh are dismissed without prejudice; and Plaintiff's Eighth Amendment claim against Defendant Johnston in his individual capacity currently remains pending in this action. Defendant Johnston's answer to the complaint must be filed by 1/4/10. Signed by Judge Glenn T. Suddaby on 12/15/09. (lmw) (Copy served upon non-ecf attorney via regular mail)
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