Carter v. Broome County et al
| Rose Carter |
| Broome County, David Harder, Mark Smolinsky, Correctional Medical Care, Inc., Emre Umar, Maria Carpio, Kaye Been, Dawn Dames, Karen Dickerson, Hope R., Kathy Scope, Judy Olsa, John Does 1-3 and John Does 4-6 |
| 9:2016cv00422 |
| April 13, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Broome |
| David N. Hurd |
| Daniel J. Stewart |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
123
MEMORANDUMDECISION and ORDER: ORDERED that 1. The County defendants' motion for summary judgment is GRANTED in part and DENIED in part; 2. Carter's Second Cause of Action alleging excessive force against the County Does is DISMISSED; 3. The County Does are DISMISSED as defendants in this action; and 4. Carter's state law claims for intentional infliction of emotional distress are DISMISSED against the County defendants. The following claims remain for adjudication at trial: (i) § 1983 deliberate medical indifference claims against Doctor Butt and Doctor Tinio (First Cause of Action); (ii) § 1983 deliberate medical indifference claims under Monell against the County and CMC (Third Cause of Action); (iii) 67; 1983 deliberate medical indifference claims under Colon against Sheriff Harder and Administrator Smolinsky (Third Cause of Action); (iv) state law claims for conscious pain and suffering against all defendants (Fourth Cause of Action); (v) state law claims for wrongful death against the County and the CMC defendants (Fifth Cause of Action); and (vi) state law claims for assault, battery, negligent infliction of emotional distress, and negligent supervision against the County defendants. Signed by Judge David N. Hurd on 8/21/19. (nas)
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