El-Hanafi v. United States Of America et al
| Wesam El-Hanafi |
| United States Of America, Sean Cooper, Daniel Withers, Charlotte Doe, John and Jane Does, Federal Bureau of Prisons (BOP) and Metropolitan Correctional Center (MCC), Suzanne Hastings, Adam Johnson, Esq., Mark Glover, M.D., Anthony Bussanich, M.D., John/Jane Doe, M.D., C. Evangelista,, A. Aboulfateh, E. Ramos, T.A. Cooper, Julie Small and John/Jane Does |
| 1:2013cv02072 |
| March 28, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
57
OPINION AND ORDER re: 28 MOTION to Dismiss filed by Daniel Withers, Julie Small, Anthony Bussanich, M.D., United States Of America, A. Aboulfateh, E. Ramos, C. Evangelista,, Mark Glover, M.D., Charlotte Doe, Sean Cooper, Thomas Goforth, Adam Johnson, Esq., Suzanne Hastings: For the foregoing reasons, the Court grants defendants' partial motion to dismiss in its entirety. Specifically: Defendants' motion to dismiss the FTCA claims is GRANTED with respect to : the denial of medical care and medical malpractice (first cause of action), negligence for failure to deliver ordinary medical care (second cause of action), and negligent infliction of emotional distress by failing to respond to his requests fo r treatment and negligently ignoring or disregarding his medical needs (fourth cause of action) as against the individual defendants; the negligent restriction of movement (third cause of action) as against the United States; the actions of C onmed, CCS and its employees (first, second, and fourth causes of action) as against the United States; the shackling allegations during El-Hanafi's transport from the MCC to the hospital (fourth cause of action) as against the United States; and the actions of United Security and its employees during El-Hanafi's hospitalization (fourth cause of action) as against the United States. Defendants' motion to dismiss the state law and federal common law claims for negligent enfor cement of extraordinary restrictions on movement during the flight from Dubai to the United States (third cause of action) against defendants Withers, Ryder, and Sean Cooper is GRANTED. Defendants' motion to dismiss the state law and federal c ommon law claims for negligent delivery of medical care (second cause of action), asserted under this Court's supplemental jurisdiction, against the employees of the Alexandria Detention Center (i.e. the employees of CCS and Conmed), and the federal employees of the Federal Transfer Center and the Metropolitan Correction Center, is GRANTED. Defendants' motion to dismiss the Bivens claims individual federal defendants Goforth, Glover, Bussanich, Aboulfateh, Ramos, Evangelista, Hast ings, Johnson, Small, Withers, Ryder, and Sean Cooper, is GRANTED. In addition, the Court sua sponte dismisses the Bivens claim against defendant Tonya Cooper. The only claims that survive this decision are El-Hanafi's FTCA claims against the United States under the first, second, and fourth causes of action as they relate to the provision of medical care at the Federal Transfer Center and the MCC. The Clerk of Court is respectfully requested to close the motion pending at Dkt. No. 28. (Signed by Judge Gregory H. Woods on 1/6/2015) (tn)
|
|
Filing
56
OPINION AND ORDER re: 44 MOTION to Dismiss. filed by Conmed Healthcare Management, Inc., Correct Care Solutions. For the foregoing reasons, the motion to dismiss the complaint against Correct Care Solutions, Inc., Conmed Healthcare Management, In c., and its employees John/Jane Doe, MD, Alexandria, Virginia Facility, Clinical Director and John/Jane Does, Alexandria Facility (Va.) Staff Health Care is granted. The Clerk of Court is directed to terminate the motion pending at docket number 44 and to dismiss the aforementioned defendants from the case. (Signed by Judge Gregory H. Woods on 8/22/2014) (djc)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
