Kimbrough v. Fischer et al
||Brian Fischer, Albert Prack, T. Fauss, Abate, J. Hai and McCarthy
||January 28, 2013
||US District Court for the Northern District of New York
||Therese Wiley Dancks
||Frederick J. Scullin
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Prisoner Civil Rights
|Jury Demanded By:
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|April 11, 2017
MEMORANDUM-DECISION AND ORDER: ORDERS that Plaintiff's request for injunctive relief and for an award of punitive damages is DENIED as a matter of law; and the Court further ORDERS that, because Defendants violated Plaintiff's constituti onal right to procedural due process, Plaintiff is entitled to an award of nominal damages as a matter of law; and the Court further ORDERS that, unless the parties consent to the Court, rather than a jury, determining the amount of nominal damage s to award to Plaintiff or consensually resolve this issue, a jury trial will be held to determine the amount of nominal damages to award to Plaintiff as a result of Defendants' conduct. In this regard, the Court instructs the parties to noti fy the Court and the opposing party, or their counsel, in writing within fourteen (14) days of the date of this Memorandum-Decision and Order whether they will waive their right to have a jury determine the amount of nominal damages to which Plai ntiff is entitled as a result of Defendants' actions. Once the Court has received the parties' submissions, it will schedule a telephone conference to determine a date for the damages trial in this matter. Signed by Senior Judge Frederick J. Scullin, Jr on 4/11/17. (served on plaintiff by regular and certified mail)(alh, )
|February 18, 2016
MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Dancks' September 29, 2014 62 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Magistrate Judge Dancks' October 21, 2 014 65 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendants' motion for summary judgment, see Dkt. No. 47 , is GRANTED with respect to Plaintiff's (1) First Amendment claims against Defendants Hai and Abate; (2) equal protection claims against Defendants Hai, McCarthy, and Fauss; and (3) Eighth Amendment claims against Defendants Hai, Abate, Fauss, Prack and Fischer; and is DENIED in all other respects. ORDERED that Plaintiff's motion for summary judgment, see Dkt. No. 49 , is GRANTED with respect to his due process claims against Defendants Fauss and Prack and is DENIED with regard to his other claims as moot. ORDERED that, on or before March 17, 2016 , each party shall file a memorandum of law, not to exceed ten (10) pages, addressing the issue of the appropriate relief that Plaintiff could receive on his due process claims against Defendants Fauss and Prack under the PLRA and the best method for determining that relief. Signed by Senior Judge Frederick J. Scullin, Jr on 2/18/16. (served on plaintiff by regular mail with copies of the unpublished cases cited herein) (alh, )
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