Blake v. Fischer et al
| Gerrard J. Blake |
| Brian Fischer, Glenn Goord, George B. Alexander, Kenneth S. Perlman, John H. Nuttall, Edwin H. Elfeldt, L. Weingartner, Kathleen Altman, Tousignant, Kratzenberg, Scroggy, K. LaPolt, Joseph T. Smith, Neville Andrews, Ed Rudder, Stacy Bode, Dick Fitchett, B. McCullough, Frank Chiapperino, John Townley and E. Trinidad |
| 9:2009cv00266 |
| March 5, 2009 |
| US District Court for the Northern District of New York |
| Prisoner: Civil Rights Office |
| XX US, Outside State |
| David R. Homer |
| David N. Hurd |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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| Document Text |
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Filing
84
DECISION and ORDER: Based upon a de novo review, the 82 Report-Recommendation is accepted. See 28 U.S.C. § 636(b)(1). Even if the plaintiff's objections are correct, the defendants are still entitled to summary judgment dismissing the complaint. ORDERED that Defendants' 76 motion for summary judgment is GRANTED; and The complaint is DISMISSED. The Clerk is directed to file a judgment accordingly and close the file. Signed by Judge David N. Hurd on 11/15/2012. (ptm)
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Filing
60
DECISION and ORDER: ORDERED that Defendants' motion to dismiss (Docket No. 40 ) is granted as follows: The eighth Amendment claim is dismissed in its entirety; All Fourteenth Amendment due process claims except for the stigma-plus claim for inj unctive relief are dismissed; The complaint against defendants Neville Andrews, Glenn Goord, Kenneth S. Perlman, John H. Nuttall, George B. Alexander, Kratzenberg, Scroggy, K. LaPolt, Joseph T. Smith, Ed Rudder, Stacy Bode, Dick Fitchett, B. McCullou gh, Frank Chiapperino, John Townley, E. Trinidad and Brian Fischer is dismissed; ORDERED that Defendants' motion to dismiss against Edwin H. Elfeldt, Coordinator for Sex Offender Counseling and Treatment Program, L. Weingartner, Deputy Superinte ndent for Programs, and Kathleen Altman, Correctional Counselor, is denied as to: The First Amendment retaliation claim; The Fourteenth Amendment stigma-plus due process claim for injunctive relief; The Fourteenth Amendment equal protection claim; ORDERED that the file is to be returned to the Magistrate Judge for further proceedings. Signed by Judge David N. Hurd on 6/15/10. (mnc)
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