Zimmerman v. Former Superintendent Steven Racette et al
| 9:2017cv00375 |
| April 4, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| XX US, Outside State |
| Thomas J. McAvoy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
109
MEMORANDUM-DECISION AND ORDER: ORDERED, that Defendants' Second Motion for Summary Judgment (Dkt. No. 94 ) be GRANTED in part with respect to (1) Plaintiff's First Amendment retaliation claims against Brown, Devlin, Keysor, Kirkpatrick, McIntosh, and Racette; (2) Plaintiff's Eighth Amendment claims pertaining to the shield order against Lee, Delisle, and Orzech; (3) Plaintiff's First Amendment mail interference claim against Lee; (4) all of Plaintiff's remaining Four teenth Amendment due process claims; and (5) Plaintiff's Eighth Amendment conditions of confinement claim against Miller, Venettozzi and Zerni. ORDERED, that Defendants' Second Motion for Summary Judgment (Dkt. No. 94 ), be DENIED in part to the extent it sought (1) dismissal of Plaintiff's claims against Bezio, Bullis, Minard, and Prack on the basis of improper service of process; and (2) a grant of summary judgment in favor of Randall, Rief, and Brown on Plaintiff's Eighth Amendment conditions of confinement claim relating to the conditions of Cell 13. Signed by Senior Judge Lawrence E. Kahn on September 19, 2022. {order served via regular mail on plaintiff}(nas)
|
|
Filing
87
DECISION AND ORDER: ORDERED that the Court ACCEPTS and ADOPTS the recommendations in the January 24, 2020 Report-Recommendation and Order, Dkt. No. 83 , for the reasons stated therein. ORDERED that Defendants' motion for partial summary judgme nt, Dkt. No. 68 , is GRANTED, and the following claims are DISMISSED with prejudice: (1) First Amendment retaliation claims against Sgt. Orzech, C.O. Mailloux, Sgt. Randall, C.O. Gadway, C.O. Lee C.O. Beaudette, Sgt. Delisle, C.O. Stickney, and Dr. Adams; (2) First Amendment claim against Librarian Delisle; (3) First Amendment mail tampering claim against Clemons; and (4) Eighth Amendment medical indifference claim against Dr. Gillani. ORDERED that the following defendants are TERMINATED from this action: Dr.Gillani, Dr. Adams, Librarian Delisle, C.O. Mailloux, C.O. Beaudette, C.O. Gadway, C.O. Stickney, and Clemons. Signed by Senior Judge Thomas J. McAvoy on 3/23/2020. {order served via regular mail on plaintiff](nas )
|
|
Filing
52
DECISION AND ORDER: ORDERED that Plaintiff's motion for reconsideration (Dkt. No. 51 ) is DENIED. ORDERED that the following claims are dismissed: (1) all claims set forth in the Amended Complaint related to disciplinary sanctions impos ed on Plaintiff, which affect the duration of his confinement; and (2) claims against Dumar. ORDERED, that the Clerk of the Court is directed to amend the docket as follows: (1) to include Bullis, Minard, Prack, and Bezio as defendants herein; and (2) to dismiss Dumar as a defendant. ORDERED that Bullis, Devlin, Minard, Racette, Prack, Bezio, Venettozzi, and Kirkpatrick shall respond to Plaintiff's Fourteenth Amendment Due Process claims challenging sanctions affecting Plaintiff's conditions of his confinement. ORDERED, that in light of Plaintiff's in forma pauperis status, and because the defendants will likely be represented by the New York State Attorney General, the Court will not require Plaintiff to provide copi es of the Amended Complaint and exhibits attached to the Amended Complaint for service of process. The Clerk is directed to (1) issue summonses and forward them to the U.S. Marshal to effect service of the Amended Complaint (without exhibits) on defe ndants Bullis, Minard, Prack, and Bezio; and (2) send a copy of the Amended Complaint, with this Order, to the Attorney General. The exhibits will be available via the Court's electronic filing system to the Attorney General, and to any other co unsel who appears on behalf of a defendant. ORDERED that the Attorney General's Office is hereby requested to produce the information as specified above, to the extent that it can, regarding "Adams" within thirty (30) days of the fil ing date of this Decision and Order. The information should be sent to the Clerk of the Court for the Northern District of New York along with a copy of this Decision and Order, as well as to Plaintiff at his address of record. Once this information is provided, the Clerk shall return this file to the Court for further review. Signed by Senior Judge Thomas J. McAvoy on 8/13/18. {order served via regular mail on plaintiff|(nas, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Zimmerman v. Former Superintendent Steven Racette et al | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
