Casey v. Brockley et al
Eric Casey |
M. Brockley, H. Colvin, A. Mayo, C. Goodrich, Wanninger, H. Clapper, T. Hermance, Boyce and S. Racette |
9:2013cv01271 |
October 15, 2013 |
US District Court for the Northern District of New York |
Prisoner Office |
Washington |
Therese Wiley Dancks |
David N. Hurd |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
Document Text |
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Filing 110 STIPULATION AND ORDER OF DISCONTINUANCE PURSUANT TO RULE 41(A). Signed by Judge David N. Hurd on 7/8/2019. (rar) |
Filing 88 DECISION AND ORDER: The 85 Report-Recommendation is accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1). ORDERED, that 1. Defendants' 71 motion for summary judgment is GRANTED in part and plaintiff's complaint is DISM ISSED as against defendants Racette, Clapper, Boyce, and Hermance; 2. Defendants' motion for summary judgment is DENIED as to defendants Brockley, Colvin, Mayo, Goodrich, and Wanniger and those claims remain; and 3. Trial on the remaining claims is scheduled for August 13, 2018, in Utica, New York. Signed by Judge David N. Hurd on 3/19/18. (served on plaintiff by regular and certified mail) (alh, ) |
Filing 56 DECISION AND ORDER: ORDERED, that the Judgment (Dkt. No. 47 ) entered December 3, 2015, is hereby VACATED. ORDERED that the Clerk is directed to reopen this action and restore same to this Court's docket. Plaintiff's timely filed amended complaint is the operative complaint. Upon review of the amended complaint (Dkt. No. 52 ) pursuant to 28 U.S.C. § 1915A, the following claims are sufficient and require a response to be filed by Defendants as provided for in the Federal Rules of Civil Procedure: (1) Eighth Amendment excessive force claim against Defendants Brockley, Colvin, Mayo, Goodrich, and Wanninger, (2) Eighth Amendment deliberate indifference to serious medical needs claim against Defendants Clapper, Boyce, and Herm ance; and (3) Eighth Amendment supervisory liability claim against Defendant Racette. The Court expresses no opinion on whether the amended complaint can survive a properly made motion to dismiss or motion for summary judgment. Signed by Judge David N. Hurd on 6/2/16. (served on plaintiff by regular mail)(alh, ) |
Filing 47 JUDGMENT entered pursuant to the Decision and Order of the Honorable Judge David N. Hurd, dated the 2nd day of December, 2015 and filed the 3rd day of December, 2015. (served on plaintiff by regular and certified mail) (alh, ) |
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