Smith v. Russo et al
Plaintiff: Andrew Smith
Defendant: Pat Russo, Fricke and Edward Blie
Case Number: 9:2017cv00244
Filed: March 2, 2017
Court: US District Court for the Northern District of New York
Office: Prisoner Office
County: Rensselaer
Presiding Judge: Therese Wiley Dancks
Presiding Judge: Thomas J. McAvoy
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 31, 2021 Opinion or Order Filing 83 DECISION AND ORDER: The Court ACCEPTS and ADOPTS the recommendation in the Report-Recommendation and Order, Dkt. No. 76 , for the reasons stated therein. Thus, the Court finds that the doctrine of fraudulent concealment does not apply to any claim s Plaintiff may have from his incarceration at RCCF between June 8, 2012 and June 17, 2013. This case may now proceed to trial on the question of whether Dr. Fricke engaged in deliberate indifference to Plaintiff's serious medical need at a time within the statute of limitations. Signed by Senior Judge Thomas J. McAvoy on March 31, 2021. (Copy served via regular mail on plaintiff).(rep)
September 23, 2019 Opinion or Order Filing 64 DECISION AND ORDER: It is ORDERED that Defendant's objections to the Report-Recommendation of Magistrate Judge Dancks, dkt. # 59 , are hereby OVERRULED in part and SUSTAINED in part. The Report-Recommendation, dkt. # 58 , is hereby ACCEPTE D and ADOPTED insofar as Magistrate Judge Dancks concludes that Defendant's motion for summary judgment, dkt. # 51 , should be DENIED. The Court will REMAND the case to the Magistrate Judge for briefing and a Report- Recommendation on the iss ue of whether the doctrine of fraudulent concealment applies to any claims Plaintiff may have for his incarceration between June 8, 2012 and June 17, 2013. Signed by Senior Judge Thomas J. McAvoy on September 23, 2019. (Copy served via regular mail)(rep)
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Plaintiff: Andrew Smith
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Defendant: Pat Russo
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Defendant: Fricke
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Defendant: Edward Blie
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