Sanders et al v. The City of New York et al
| Karim Kamal, Rivera Candido, Vincent George, Jr., Mark Enoch, Kyle Robinson, Marvin Sanders, Darvell Jones, Alfonso Duran, William Parker, Broad Perry, Keith Walcott and Vose Zaball |
| Warder at (GRVC) Sercurity Captain for the New Recruit Captain Smith, Messhall Officers John or Jane Doe at (GRVC), Any and All Municiple Defendants, The City of New York, The City Department of Correctional Services and (GRVC) Sercurity Oversea and Personnel Erea Supervisor John Doe or Jane Doe |
| 1:2012cv06365 |
| August 20, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Loretta A. Preska |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
103
MEMORANDUM AND ORDER granting 94 Motion for Summary Judgment. Defendants have met their burden of showing that no genuine dispute exists as to plaintiffs' failure to exhaust their remedies under the IGRP, and plaintiffs have not submitted an y countervailing evidence. Thus, plaintiffs' claims are barred by the PLRA's exhaustion requirement. I need not reach defendants' further arguments that the strip searches were reasonable or that defendants are entitled to qualified immunity. Defendants' motion for summary judgment is GRANTED. The Clerk shall enter judgment for the defendants. Counsel for defendants shall provide plaintiffs with copies of all unreported decisions cited herein. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge P. Kevin Castel on 10/3/2014) Copies Mailed By Chambers. (lmb)
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Filing
88
MEMORANDUM AND ORDER: granting in part and denying in part 80 Motion to Dismiss. For the reasons set forth above, the defendant's motions to dismiss (Dkt. No. 80 in 12 Civ. 6365, Dkt. No. 14 in 13 Civ. 3511, Dkt. No. 12 in 13 Civ. 3514) are gr anted in part and denied in part as follows. Defendants motion is granted with respect to the claims of plaintiffs Sanders, Perry, and Duran; all claims against defendants Warden at GRFC, the City of New York, and any other still-unnamed municipal de fendants; and all claims predicated on violations of the First and Eighth Amendments. Defendants' motion to dismiss is denied with respect to plaintiffs' claims that the strip search violated a right protected by the Fourth Amendment. In li ght of the previously-effected division of claims, the Clerk shall remove: (1) all plaintiffs in 13 Civ. 3511, except for Jose Zaball, (2) all plaintiffs in 13 Civ. 3516, except for Kyle Robinson, and (3) all plaintiffs in 12 Civ. 6365, except for Vi ncent George Junior, William Parker, Marvin Sanders, Alfonso Duran, and Broad Perry. Defendants' counsel is ordered to mail to the plaintiff copies of all unpublished authorities cited herein. The Court certifies pursuant to 28 U.S.C. § 191 5(a)(3) that any appeal from this order would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED.(Signed by Judge P. Kevin Castel on 11/06/2013) (ama)
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