Colon v. Porliar et al
| Danny Colon |
| D. Porliar, A. Colvin, G. Warner, F. Deluke, S. Baxter, K. Copelord, J. Kitchner, C. Burden, T. Nasmith, Dr. Thompson and M. McCartin |
| 9:2009cv01006 |
| September 4, 2009 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Westchester |
| Lawrence E. Kahn |
| George H. Lowe |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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| Document Text |
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Filing
85
MEMORANDUM-DECISION AND ORDER denying 81 Motion in Limine. Signed by U.S. District Judge Mae A. D'Agostino on 8/7/12. (ban)
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Filing
46
MEMORANDUM-DECISION AND ORDER granting in part and denying in part 37 Motion for Summary Judgment; granting 41 Motion for Summary Judgment: ORDERED that the motion by defendants Porliar, Colvin, Warner, Deluke, Baxter, Copeland, Kitchner, Nasmi th and Thompson (Dkt. No. 37) for summary judgment and dismissalof plaintiffs complaint in its entirety is DENIED IN PART AND GRANTED IN PART as follows:(1) Defendants motion for summary judgment and dismissal of plaintiffs claims based upon plaintif fs failure to exhaust administrative remedies is DENIED; (2) Defendants motion for summary judgment and dismissal of plaintiffs excessive force claims relating to the March 7, 2007 incident, for failure to state a cause of action is DENIED;(3) Defend ants motion for summary judgment and dismissal of plaintiffs excessive force claims relating to the March 14, 2007 incident, for failure to state a cause of action is GRANTED;(4) Defendants motion for summary judgment and dismissal of plaintiffs Eigh th Amendment claims of medical deliberate indifference is GRANTED, it is further ORDERED that defendant Burdas motion (Dkt. No. 41) for summary judgment and dismissal of plaintiffs Eighth Amendment claims of medical deliberate indifference is GRANTED in its entirety, it is further ORDERED, that the Clerk of the Court serve a copy of this Memorandum-Decision and Order upon the parties by regular or electronic mail, and it is further;ORDERED that pursuant to Local Rule 72.3, the parties are advised that the referral of this matter to the Magistrate Judge was RESCINDED, as such, any appeal taken from this Order will be to the Court of Appeals for the Second Circuit. Signed by U.S. District Judge Mae A. D'Agostino on 1/10/12. (ban)
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