Justice v. Hogan et al
| John D. Justice |
| Michael Hogan and Brian Belfi |
| 9:2013cv00252 |
| March 6, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Washington |
| Therese Wiley Dancks |
| Norman A. Mordue |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
40
MEMORANDUM-DECISION AND ORDER: ORDERED that the Report-Recommendation (Dkt. No. 37 ) is accepted in all respects, except for the Younger analysis. ORDERED that the dismissal motion (Dkt. No. 21 ) by defendants Woodlock and Belfi is granted in part and denied in part. ORDERED that this Court abstains under Younger v. Harris, 401 U.S. 36 (1971), and Sprint Commc'ns, Inc. v. Jacobs, 134 S.Ct. 584, 591-92 (2013), from exercising jurisdiction over plaintiff's claims for declarat ory and injunctive relief against defendants Woodlock and Belfi; accordingly, all claims in the amended complaint (Dkt. No. 12) against defendant Woodlock, sued only in her official capacity for declaratory and injunctive relief, are dismissed withou t prejudice; and all claims in the amended complaint for declaratory and injunctive relief against defendant Belfi in his official capacity are dismissed without prejudice. ORDERED that the claims in the amended complaint for Eighth Amendment cr uel and unusual punishment and First Amendment retaliation against defendant Belfi in his individual capacity are dismissed with prejudice. ORDERED that the claims in the amended complaint under 42 U.S.C. § 1983 for money damages against defe ndant Belfi in his individual capacity for Fourteenth Amendment due process and equal protection violations are stayed pending the determination of the CPL § 330.20(14) recommitment application proceeding now pending in New York State Supreme Court. Signed by Senior Judge Norman A. Mordue on 1/12/15. {order served via regular mail on plaintiff}(nas)
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