Sassi v. Dutchess County et al
| Richard J. Sassi, II |
| Dutchess County and Warren County |
| 9:2016cv01450 |
| December 6, 2016 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Dutchess |
| David E. Peebles |
| Thomas J. McAvoy |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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, )
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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, )
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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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