Quezada v. Fischer et al
| Jose Quezada |
| Brian Fischer, Karen Bellamy, Richard Roy, William A. Lee, Cho Gutwein, Raymond Koskowski, Edward Burnett, Thomas D. Melville, Keith Schmitt, Brenda L. Surber, Tracy K. Alexander, Kevin O'Connor, John L. Conforti, Lori Badger, Donnie C. Riley, Daniel R. King, Jeffrey M. Tokarz, Jeffrey W. Macisaac, John E. Henschel, Jason C. Brothers, S. Brown, John Cross, John Doe, Jane Doe, Anthony M. Cefaloni, Matthew L. Filipponi, Ronald Corbin, Michael F. Mryzglod, Sonya Rojas, Ronald Larocque, Andrew Bouchey, Streeter, T. Broussean, R. Lee and S. Beudette |
| 9:2013cv00885 |
| July 29, 2013 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| Mae A. D'Agostino |
| Therese Wiley Dancks |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
194
DECISION AND ORDER adopting Report and Recommendations re 157 Motion for Summary Judgment; granting in part and denying in part 190 Report and Recommendations: The Court hereby ORDERS that Magistrate Judge Dancks' Order and Report-Recommen dation is ADOPTED in its entirety for the reasons set forth therein; and the Court further ORDERS that Defendants' motion for summary judgment (Dkt. No. 157) is GRANTED in part and DENIED in part; and the Court further ORDERS that the Clerk of t he Court shall terminate Defendants Gutwein, Lordi, Brousseau, Lee, and Beaudette as Defendants in this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 9/27/2017. (Copy served via regular mail)(ban)
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Filing
143
ORDER: ORDERS that 140 Magistrate Judge Dancks' February 16, 2016 Order and Report-Recommendation is ADOPTED in its entirety for the reasons set forth therein. ORDERS that Defendants' Rule 12(b)(6) motion to dismiss ceratin claim s (Dkt. No. 116 ) in Plaintiff's Second Amended Complaint is GRANTED in part and DENIED in part. ORDERS that the following claims are DISMISSED WITH PREJUDICE: (1) all claims for money damages against Defendants in their official capacitie s on Eleventh Amendment grounds; (2) Eight Amendment harassment claims against Defendants Brousseau, Brown, Lee, and Beaudette; (3) all supervisory liability claims against Defendants Fischer, Roy, and Bellamy; (4) First Amendment claim for violation of DOCCS inmate grievance procedures against Defendant Brousseau; (5) Fourteenth Amendment claim against Defendant Beaudette for destruction of personal property; (6) claims against Defendant Cross for violation of Title II of the ADA and Rehabilita tion Act in his individual capacity. ORDERS that the following claims are DISMISSED WITHOUT PREJUDICE: (1) Section 1983 conspiracy claim against Defendant Lordi; and (2) First Amendment retaliation claims against Defendants Gutwein and Beaudette. O RDERS that Defendants' motion to dismiss be DENIED as to the following claims: (1) Eighth Amendment harassment claims against Defendants Monacelli, Larocque, Chase, Riley, Streeter, Bouchey, and King; (2) Eighth Amendment denial of adequate medi cal care against Defendant Lordi; (3) Fourteenth Amendment due process claim against Defendant Gutwein on collateral estoppel grounds (without prejudice); and (4) claims against Defendant Cross for violation of Title II of the ADA and Rehabilitation Act in his official capacity. ORDERS that Defendants Fischer, Roy, and Bellamy are DISMISSED from this case. ORDERS that Plaintiff's renewed request for appointment of counsel (Dkt. No. 141 ) is DENIED without prejudice. Signed by U.S. District Judge Mae A. D'Agostino on 3/22/16. {order served via regular mail on plaintiff}(nas)
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Filing
38
DECISION AND ORDER: ORDERS that Plaintiff's motion for reconsideration (Dkt. No. 20 ) and supplemental motion (Dkt. No. 30 ) are GRANTED in part as outlined herein above; and the Court further ORDERS that, pursuant to Fed. R. Civ. P. 21 and 28 U.S.C. § 1404(a), the following are severed and transferred to the Southern District of New York: (1) all claims against Defendants Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee, Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Keith Schmitt, Brenda L. Surber, and Jeff rey M. Tokarz and (2) any claim against Defendant Richard Roy arising out of events at Green Haven Correctional Facility; and the Court further ORDERS that the Clerk of this Court advise the Clerk of the Southern District of New York of the entry of this Decision and Order and provide all information necessary for the Clerk of the Southern District to electronically access the documents filed in this action; and the Court further ORDERS that the Clerk shall remove the following Defend ants from the Northern District of New York docket: Tracy K. Alexander, Lori Badger, Jason C. Brothers, Edward Burnett, Anthony M. Cefaloni, John L. Conforti, Ronald Corbin, Matthew L. Filipponi, John E. Henschel, Raymond Koskowski, William A. Lee , Jeffrey W. Macisaac, Thomas D. Melville, Stephanie Mrysglod, Michael F. Mryzglod, Kevin O'Connor, Sonya Rojas, Keith Schmitt, Brenda L. Surber, and Jeffrey M. Tokarz; and the Court further ORDERS that Plaintiff's amended complaint (Dkt. No. 26 ) is accepted for filing, and is considered the operative pleading; and the Court further ORDERS that the Clerk is directed to substitute (1) William Chase in place of John Doe # 1; (2) J. Monacelli in place of John Doe # 2; and (3) Rosa nna Lordi in place of Jane Doe # 3; and the Court further ORDERS that the Clerk of this Court shall issue summonses and forward them, along with copies of the amended complaint, to the United States Marshal for service upon the Northern District of New York Defendants over which this Court has retained jurisdiction, namely: Brian Fischer, Karen Bellamy, Richard Roy, Cho Gutwein, S. Beudette, T. Broussean, S. Brown, John Cross, R. Lee, Andrew Bouchey, William Chase, Daniel R. King, Ron ald Larocque, Rosanna Lordi, J. Monacelli, Donnie C. Riley, and Streeter. The Clerk shall forward a copy of the summons and amended complaint to the Office of the New York State Attorney General, together with a copy of this Decision and Order; a nd the Court further ORDERS that a response to the claims that have not been returned to the Southern District of New York be filed by Defendants Brian Fischer, Karen Bellamy, Richard Roy, Cho Gutwein, S. Beudette, T. Broussean, S. Brown, John Cro ss, R. Lee, Andrew Bouchey, William Chase, Daniel R. King, Ronald Larocque, Rosanna Lordi, J. Monacelli, Donnie C. Riley, and Streeter, or their counsel, as provided for in the Federal Rules of Civil Procedure; and the Court further ORDERS tha t Plaintiff's motion for preliminary injunctive relief (Dkt. No. 27 ) is DENIED; and the Court further ORDERS that Plaintiff's motion to amend (Dkt. No. 37 ) is DENIED as moot. Signed by U.S. District Judge Mae A. D'Agostino on 3/31/2014. (ptm) (Copy served on plaintiff by regular mail)
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