Henry v. Dinelle et al
| Jonathan Henry |
| James F. Dinelle, Russell E. Duckett, Alfred J. DeLuca, Donald L. Broekema and Jean Norton |
| 9:2010cv00456 |
| April 19, 2010 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| David E. Peebles |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
77
DECISION & ORDER denying # 72 Plaintiff's Motion for Judgment NOV pursuant to Fed.R.Civ.P. 50(b), or for a new trial pursuant to Fed.R.Civ.P. 59(a). Signed by Judge Glenn T. Suddaby on 3/8/13. (lmw)
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Filing
71
JUDGMENT in favor of Alfred J. DeLuca, James F. Dinelle, Russell E. Duckett against Jonathan Henry. (lmw )
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Filing
34
MEMORANDUM-DECISION and ORDER: ORDERED that Defendants' motion for partial summary judgment (Dkt. No. 24 ) is GRANTED in part and DENIED in part in the following respects: (1) Defendants' motion for summary judgment on Plaintiff's Fir st Amendment claim is GRANTED; (2) Defendants' motion for summary judgment on Plaintiff's Fourteenth Amendment substantive due process claim is GRANTED; (3) Defendants' motion for summary judgment on Plaintiffs Eighth Amendmentexcessiv e-force claim against Defendant Norton is GRANTED;(4) Defendants' motion for summary judgment on Plaintiff's Eighth Amendment failure-to-intervene claim against Defendant Broekema is GRANTED; and (5) Defendants' motion for summary judg ment on Plaintiff's Eighth Amendment excessive-force claim against Defendant DeLuca is DENIED; and it is further ORDERED that the following claims are DISMISSED with prejudice from this action: (1) Plaintiff's First Amendment claim; (2) Pla intiff's Fourteenth Amendment substantive due process claim; (3) Plaintiff's Eighth Amendment excessive-force claim against Defendant Norton;and(4) Plaintiff's Eighth Amendment failure-to-intervene claim against Defendant Broekema; and it is further ORDERED that Defendants Norton and Broekema are DISMISSED from this action; and it is furtherORDERED that, following this Decision and Order, the following claims remain pending in this action: Plaintiff's Eighth Amendment excessi ve-force claim against Defendants DeLuca,Dinnelle and Duckett; and it is further ORDERED that counsel are directed to appear on JANUARY 4, 2012 at 2:00 p.m. in chambers in Syracuse, NY for a pretrial conference, at which counsel are directed to appea r with settlement authority, and in the event that the case does not settle, trial will be scheduled at that time. Plaintiff is further directed to forward a written settlement demand to defendants no later than DECEMBER 16, 2011, and the parties are directed to engage in meaningful settlement negotiations prior to the 1/4/2012 conference.Signed by Judge Glenn T. Suddaby on 11/29/2011. (ptm)
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