Lane v. Tilbe et al

Plaintiff: Don B. Lane
Defendant: Adam Tilbe and Michael Kirkpatrick
Case Number: 9:2018cv00438
Filed: April 11, 2018
Court: New York Northern District Court
Office: Prisoner Office
County: Otsego
Presiding Judge: Lawrence E. Kahn
Referring Judge: Daniel J. Stewart
Nature of Suit: Civil Rights
Cause of Action: 42:1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
December 3, 2018 Opinion or Order 44 DECISION AND ORDER: ORDERED, that the Report-Recommendation (Dkt. No. 36 ) is APPROVED and ADOPTED in its entirety. ORDERED, that the Kirpatrick Motion to Dismiss (Dkt. No. 16 ) is GRANTED in part and DENIED in part. ORDERED, that Plaintiff s Eighth Amendment claim against Kirkpatrick, as well as Plaintiff's Fourteenth Amendment claim against Kirkpatrick in his official capacity, are DISMISSED. ORDERED, that Plaintiff's Fourteenth Amendment claim against Kirkpatrick in hi s individual capacity is permitted to proceed. ORDERED, that the Tilbe Motion to Dismiss (Dkt. No. 23 ) is GRANTED in part and DENIED in part. ORDERED, that Plaintiff's Eighth Amendment claim against Tilbe, as well as Plaintiff's Four teenth Amendment claim against Tilbe in his official capacity, are DISMISSED. ORDERED, that Plaintiff's Fourteenth Amendment claim against Tilbe in his official capacity is DISMISSED. ORDERED, that Plaintiff's Fourteenth Amendment claim against Tilbe in his individual capacity is permitted to proceed. Signed by Senior Judge Lawrence E. Kahn on 12/3/18. {order served via regular mail on plaintiff}(nas, )

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Plaintiff: Don B. Lane
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Defendant: Adam Tilbe
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Defendant: Michael Kirkpatrick
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