Sassi v. Dutchess County et al
Plaintiff: Richard J. Sassi, II
Defendant: Dutchess County and Warren County
Case Number: 9:2016cv01450
Filed: December 6, 2016
Court: US District Court for the Northern District of New York
Office: Prisoner Office
County: Dutchess
Presiding Judge: David E. Peebles
Presiding Judge: Thomas J. McAvoy
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
January 31, 2019 Opinion or Order Filing 65 DECISION & ORDER: For the reasons set forth above, Dutchess County's motion for summary judgment, dkt. # 49 , is GRANTED IN PART and DENIED IN PART. The motion is denied as to Plaintiff's Eighth Amendment claim concerning the daytime use of a CPAP machine, and is granted in all other respects. All claims against Dutchess County other than Plaintiff's Eighth Amendment claim concerning the daytime use of a CPAP machine are DISMISSED. Warren County's motion for summary judgment, dkt. # 50 , is GRANTED IN PART and DENIED IN PART. The motion is denied as to Plaintiff's Eighth Amendment claim concerning the daytime use of a CPAP machine, and Plaintiff's First Amendment Free Exercise claim conc erning access to a Bible from January 8, 2014 to January 14, 2014, and the motion is granted in all other respects. All claims against Warren County other than Plaintiff's Eighth Amendment claim concerning the daytime use of a CPAP machine and his First Amendment Free Exercise claim concerning access to a Bible from January 8, 2014 to January 14, 2014 are DISMISSED. Signed by Senior Judge Thomas J. McAvoy on 1/23/2019. (rar, )
October 20, 2017 Opinion or Order Filing 35 DECISION AND ORDER: ORDERED, that Dutchess County's motion {dkt. # 26 } is GRANTED IN PART and DENIED IN PART. The motion is granted inasmuch as Plaintiff's Eighth Amendment claim against Dutchess County arising from the confiscation of P laintiff's EpiPen and the failure to keep a reasonable substitute available is dismissed with leave to amend. The motion is denied in all other respects. Warren County's motion {dkt. # 31 } is GRANTED. Plaintiff's Eighth Amendment and First Amendment claims against Warren County are dismissed without prejudice and with leave to amend. Plaintiff is given twenty (20) days from the date of this Decision and Order in which to file a Second Amended Complaint. The failure to file a Second Amended Complaint in this time period will be deemed an abandonment of the dismissed claims. Signed by Senior Judge Thomas J. McAvoy on 10/20/17. (alh, )
April 17, 2017 Opinion or Order Filing 23 ORDER: Plaintiff's motion for leave to file an Amended Complaint, dkt. # 17 , is hereby GRANTED. The Clerk of Court shall docket Plaintiff's Proposed AmendedComplaint, dkt. # 17-2, as a separate docket entry. The Defendants shall answer or otherwise respond to the Amended Complaint within the time required by the Federal Rules. Defendant Dutchess County's motion to dismiss, dkt. # 16 , is hereby DENIED as moot. Signed by Senior Judge Thomas J. McAvoy on 4/17/17. (alh, )
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Plaintiff: Richard J. Sassi, II
Represented By: Michael H. Sussman
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Defendant: Dutchess County
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Defendant: Warren County
Represented By: Gregg T. Johnson
Represented By: Bradley J. Stevens
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