Ayers v. Trombley et al
| Howard Ayers |
| D. Trombley, Beriner, D. Ranney and Qubaisy |
| 9:2017cv01229 |
| November 9, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Franklin |
| Therese Wiley Dancks |
| David N. Hurd |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
27
DECISION AND ORDER: The # 24 Report-Recommendation is accepted and adopted in all respects. It is ORDERED that Defendants' motion for summary judgment (docket # 19 ) is GRANTED in part and DENIED in part. The motion is GRANTED with respect to p laintiff's First Amendment retaliation claim against defendant Trombley based on exhaustion grounds and that claim is DISMISSED. The motion is DENIED without prejudice with respect to plaintiff's First Amendment Free Exercise claims against defendants Trombley and Bernier based on qualified immunity grounds and those claims shall proceed to trial. Any request for pro bono trial counsel shall be filed within thirty (30) days of the date of this Decision and Order. Trial is scheduled for February 10, 2020, in Utica, New York. Signed by Judge David N. Hurd on 8/19/2019. (Copy served via regular mail)(meb)
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