Burrell v. Rothdiener et al
| Ako K. Burrell |
| Donald F. Rothdiener, Anthony Picente, Robert Maciol, Robert Swenszkowski, Gregory Pfliger, Lisa Zurek, Randy Pfliger, Robert Carollo, Jack Breer, Deborah Statton, Deborah Harriss, Clayton Smith, Jeffery Jones, Dustin Lewis, Christopher Catchell, Todd Woodland and Fuller |
| 9:2017cv00906 |
| August 17, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Oneida |
| Therese Wiley Dancks |
| Lawrence E. Kahn |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
52
DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 50 ) is APPROVED and ADOPTED in its entirety, except that Defendants' assertion they are entitled to qualified immunity is denied because they have not shown that their c ompliance with a longstanding policy was objectively reasonable. ORDERED, that Defendants' Motion for Summary Judgment (Dkt. No. 41 ) on all claims asserted against them in their official capacities is GRANTED. ORDERED, that Defendan ts Woodland and Getchell's Motion for Summary Judgment is GRANTED. ORDERED, that Defendants Breen and Lewis's Motion for Summary Judgment on Plaintiff's First Amendment retaliation claims is GRANTED. ORDERED, that Defendants' Motion for Summary Judgment is DENIED with respect to Plaintiff's Fourteenth Amendment claims for excessive force, sexual abuse, and failure to intervene against Defendants Breen, Jones, and Lewis. ORDERED, that Defendants Motion for Summary J udgment is DENIED with respect to Plaintiff's First Amendment claims for denial of access to reading material against Defendants Zurek, Smith, Lewis, and Jones. ORDERED, that Defendants' Motion for Summary Judgement is DENIED with respect to Defendants Zurek, Smith, Lewis, and Jones's assertion of qualified immunity, without prejudice to reconsideration of the issue of qualified immunity at trial. ORDERED, that Judge Dancks recommendation that a hearing be conducted on the issue of exhaustion is GRANTED and REFERRED to Judge Dancks to conduct. Signed by Senior Judge Lawrence E. Kahn on 8/27/19. {order served via regular mail on plaintiff}(nas, )
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