McNair v. Kirby Forensic Psychiatric Center et al
| Larry McNair |
| Kirby Forensic Psychiatric Center, Michael F. Hogan, Steve Rabinowitz, Michael Kunz, S. Machanical, Tromul E. Tuzel, Carolyn Todd, J. Cleaver, Mary Beth, Cuff, Posat, Photocopying Clerk, S. Joseph and Vincent Micolli |
| 1:2009cv06660 |
| July 27, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Shira A. Scheindlin |
| Plaintiff |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
53
OPINION AND ORDER: 39 MOTION for Summary Judgment. In sum, the Eleventh Amendment bars plaintiff s claims against Kirby and the individual defendants sued in their official capacities. Plaintiffs claim for injunctive relief fails because he cannot show a real and immediate threat of injury. Plaintiff s claims of inadequate medical care fail because he cannot show that defendants acted with deliberate indifference to his medical needs or that they violated his right to equal protection. Plainti ffs claim of denial of access to the courts fails because defendants did not hinder his access to the courts and there was no injury. Plaintiffs retaliation claims also fail as they are conclusory and unsupported by evidence that any defendant took a n adverse action in retaliation for plaintiffs complaining. In addition, plaintiff fails to show any personal involvement on the part of the following six defendants: Commissioner Hogan, Executive Director Steven Rabinowitz, Deputy Director Vincent M iccoli, Kirby's Director of Psychiatry (Cristina Musat, M.D.), the ward psychologist (Jessica Klaver, Ph.D.), and his treatment team leader (Stunis Machanical). For these reasons, defendants' motion for summary judgment is granted and plain tiff's Complaint is dismissed in its entirety. The Clerk of the Court is directed to close this motion (Document # 39) and this case. Because plaintiff is proceeding in forma pauperis, any appeal from this Orderwould not be taken in good faith. (Signed by Judge Shira A. Scheindlin on 11/5/10) (db)
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Filing
32
MEMORANDUM OPINION AND ORDER: For the foregoing reasons, Feerick's motion to dismiss is granted. The Clerk of the Court is directed to close this motion (docket # 23). A conference is scheduled for April 14, 2010 at 5:00 pm in Courtroom 15C. So Ordered (Signed by Judge Shira A. Scheindlin on 3/31/2010) (js)
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