Parks v. Smith et al
Plaintiff: Joseph Parks
Defendant: Joseph T. Smith, John Maly, G. Gardner, K. Skwera, J. Krom, Thomas G. Eagen and Louis Franco
Case Number: 9:2008cv00586
Filed: June 6, 2008
Court: US District Court for the Northern District of New York
Office: Prisoner: Civil Rights Office
County: Ulster
Presiding Judge: Thomas J. McAvoy
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 42:1983 Prisoner Civil Rights

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 12, 2011 Opinion or Order Filing 59 DECISION AND ORDER adopting Magistrate Judge Lowe's 57 Report and Recommendations; granting Defendants' 51 Motion for Summary Judgment and dismissing the Plaintiff's remaining claims. Signed by Senior Judge Thomas J. McAvoy on 9/9/2011. (amt) [Pltf served via reg. mail]
September 23, 2009 Opinion or Order Filing 30 DECISION AND ORDER; adopting in part Report and Recommendations 28 ; granting in part and denying in part 20 Motion for Judgment on the Pleadings, as stated ; Plaintiff granted leave to amend the complaint to re-plead these causes of action. Plaintiff to filed Amended Complaint within 30 days. Signed by Senior Judge Thomas J. McAvoy on 9/23/09. (pta, )
August 17, 2009 Opinion or Order Filing 28 REPORT AND RECOMMENDATIONS: RECOMMENDED that Defendants' 20 motion for judgment on the pleadings be GRANTED IN PART AND DENIED IN PART. Recommended, that Defendants' motion be DENIED as to Plaintiff's first cause of action regarding alleged violations of Plaintiff's First Amendment free exercise/RLUIPA rights. Recommended, that Defendants' motion be GRANTED WITH LEAVE TO AMEND as to Plaintiff's third cause of action for alleged equal protection violations regard ing disparate treatment of other religious groups and the eighth cause of action for conspiracy. Recommended, that Defendants' motion be GRANTED WITHOUT LEAVE TO AMEND as to Plaintiff's second cause of action for retaliation, the fourth cau se of action for alleged violations of Plaintiff's right to free expression, the fifth cause of action for alleged due process violations regarding Plaintiff's disciplinary hearing, the sixth cause of action for alleged due process violatio ns regarding Plaintiff's grievance, and the seventh cause of action for alleged racial discrimination. Objections to R&R due by 8/31/2009 Case Review Deadline 9/8/2009. Signed by Magistrate Judge George H. Lowe on 8/17/2009. {Report- Recommendation served on plaintiff via regular mail}(mgh)
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Plaintiff: Joseph Parks
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Defendant: Joseph T. Smith
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Defendant: John Maly
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Defendant: G. Gardner
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Defendant: K. Skwera
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Defendant: J. Krom
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Defendant: Thomas G. Eagen
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Defendant: Louis Franco
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