Fox v. Lee et al
| Javell Fox |
| Superintendent Lee, Lt. Madison, Sgt. Bey, Officer Kozak, Officer Waugh, Sgt. Connor, Captain Webbe, Russo, Lieutenant Simmons, Wendland, Officer Miller, Deputy Calgo, C. Jennings, Diane Labatte, Andrew Cuomo, Anthony Annucci, Officer Henry, Sergeant Lifield, Sergeant Bradley, Officer Williamson, S. Cruz, Lt. Sullivan, Sgt. Vanacore and Sergeant Barg |
| 9:2015cv00390 |
| April 2, 2015 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Ulster |
| Christian F. Hummel |
| Thomas J. McAvoy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
354
SETTLEMENT STIPULATION. Signed by Senior Judge Thomas J. McAvoy on November 22, 2023. {plaintiff served via regular mail}(nas)
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Filing
218
DECISION & ORDER: For the reasons discussed above, the Court ACCEPTS and ADOPTS the recommendations in Report-Recommendation and Order, Dkt. No. 215 , and in Report-Recommendation and Order, Dkt. No. 216 , for the reasons stated in t hese reports. Thus, it is hereby ORDERED that Defendants' Motion for Summary Judgment (Dkt. No. 174 ) is GRANTED IN PART. The motion is GRANTED: (1) Insofar as it seeks dismissal of Plaintiff's First Amendment freedom of expression a nd free exercise claims against Defendants Lee, Russo, Madison, Simmons, Sullivan, Wendland, Webbe, Bey, Vanacore, Waugh, Miller, Williamson, and Cruz for failure to exhaust, (2) Insofar as it seeks dismissal of Plaintiff's First Amendment retaliation claims against Defendants Simmons, Madison, Cruz, Williamson, Bey, Wendland, Kozak, Waugh, Webbe, Russo, Lee, Miller, Vanacore, Sullivan, Connor, and Barg for failure to exhaust, (3) Insofar as it seeks dismissal of plaintiff' ;s First Amendment interference with mail claims against Defendants Calao, Jennings, and Labatte for failure to exhaust, (4) Insofar as it seeks dismissal of Plaintiff's claim that Defendants Webbe, Simmons, and Lee denied him access to ma gazines for failure to exhaust, (5) Insofar as it seeks dismissal of Plaintiff's Fourth Amendment claims pursuant to a search/strip search and cell search against Defendants Connor, Williamson, and Cruz for failure to exhaust, (6) Insofar as it seeks dismissal of Plaintiff's Eighth Amendment conditions of confinement claims against Defendants Lee, Webbe, Simmons, Sullivan, and Henry for failure to exhaust, (7) Insofar as it seeks dismissal of Plaintiff's Fourteenth Amen dment due process claims against Defendants Lee, Webbe, Russo, Simmons, Wendland, and Sullivan for failure to exhaust, (8) Insofar as it seeks dismissal of Plaintiff's supervisory liability claims against Defendants Lee and Annucci for f ailure to exhaust, and these claims are DISMISSED with prejudice. ORDERED that Defendants' Motion for Summary Judgment (Dkt. No. 174 ) is DENIED IN PART. The motion is DENIED: (1) Insofar as it seeks dismissal of Plaintiff's Eighth Amendment sexual harassment claims against C.O. Cruz. ORDERED that Plaintiff's motion for contempt (Dkt. No. 200 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 3/25/2019. (Decision & Order mailed to plaintiff by regular mail). (rar, )
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Filing
212
DECISION AND ORDER: ORDERED that Plaintiff's appeal, dkt. # 197 , of Magistrate Judge Christian F. Hummel's decision, dkt. # 160 , denying Plaintiff's motion for leave to file a second amended complaint, is hereby DENIED. Magistrate Judge Hummel's decision is AFFIRMED. The Plaintiff's motion for a preliminary injunction, dkt. # 201 , is hereby DENIED. Signed by Senior Judge Thomas J. McAvoy on 11/2/18. {order served via regular mail on plaintiff}(nas, )
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Filing
157
ORDER: Plaintiff's objections, dtk. #s 150, 151, to the Reports-Recommendations of Magistrate Judge Hummel, dkt. #s 144 , 145 , are herebyOVERRULED. The Reports-Recommendations are hereby ACCEPTED, as follows: 1. Plaintiff's motion for Summary Judgment, dkt. # 111 , is hereby DENIED; 2. Defendants' motion to dismiss, dkt. # 118 , is hereby DENIED without prejudice and with an opportunity to renew by way of a combined motion to dismiss and motion for summary judgment limited to the issue of exhaustion or, in the alternative, by way of an exhaustion hearing, should the Defendants request such a hearing; 3. The case is REMANDED to the Magistrate Judge to set deadlines for any renewed motion to dismiss based on exhaustion ; 4. Plaintiff's motions for contempt, dkt. #s 117 , 129 , 130 , 131 , 138 are hereby DENIED; and 5. Insofar as Plaintiff's motions can be read as motions for leave to amend his Complaint, dkt. #s 117 , 129 , 130 , 131 , 138 , those motions are DENIED. Signed by Senior Judge Thomas J. McAvoy on 3/6/18. (served on plaintiff by regular mail) (alh, )
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Filing
72
ORDER: The Defendants are hereby ordered to produce the filingsthat are the subject of the Court's August 5, 2016 Order, dkt. # 66 , within fifteen (15) days of the date of this Order. Failure to file the material as ordered by the Court will cause the Court to impose one or more of the above sanctions. Signed by Senior Judge Thomas J. McAvoy on 10/27/16. (served on plaintiff by regular mail)(alh, )
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Filing
70
DECISION AND ORDER: ORDERED that plaintiff's motion for a temporary restraining order (Dkt. No. 67 ) is DENIED. Signed by Senior Judge Thomas J. McAvoy on 8/31/16. (served on plaintiff by regular mail) (alh, )
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Filing
66
ORDER: The parties shall be afforded 60 days from today's date to conduct discovery as described herein. The parties shall supplement their briefing on these issues within 75 days of today's date, and also supplement the record with copi es of any evidence collected in discovery that the parties deem relevant to the issues before the Court. The Court will determine whether an evidentiary hearing is necessary after examining this additional evidence and briefing. Signed by Senior Judge Thomas J. McAvoy on 8/5/16. (served on plaintiff by regular mail)(alh, )
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