Telesford v. Tamer et al
| Marcus Telesford |
| Tamer, Nice, Chris Trudean, Kendri Parker, Kevin Hart and Randy Brown |
| 9:2014cv01209 |
| October 3, 2014 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Clinton |
| David E. Peebles |
| Glenn T. Suddaby |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
80
DECISION AND ORDER: ORDERED that the Clerk is directed to change the captioning of Defendant "Tamer" to Defendant "Thomas Tamer," and the captioning of Defendant "Nice" to Defendant "Traci Nycz," pursuant t o notes 1 and 2 of this Decision and Order. ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 78 ) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 64 ) is GRANTED as to the following claims: (1) Plaintiff's conspiracy claim against Defendant Nycz; (2) Plaintiff's damage claims against all Defendants in their official capacities; and (3) Plaintiff's claims for declaratory and injuncti ve relief. ORDERED that Defendant Nycz is DISMISSED from this action. ORDERED that Defendants' motion for summary judgment (Dkt. No. 64 ) is DENIED as to Plaintiff's Eighth Amendment excessive force claim for compensatory and pun itive damages and asserted against Defendants Tamer, Trudeau, Baker, Brown, and Hart in their individual capacities. ORDERED that Pro Bono Counsel be appointed for Plaintiff for purposes of trial only (and not for any appeal) and that, upon assi gnment of Pro Bono Counsel, a final pretrial conference with counsel be scheduled, at which the Court will schedule trial on the remaining claims. Counsel for both parties are directed to appear with settlement authority. Signed by Chief Judge Glenn T. Suddaby on 9/23/16. [order served via regular mail on plaintiff}(nas)
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