Zaball et al v. Benbow et al
| Kyle Robinson, Vincent George, Jr., Broad Perry, William Parker, Alfonso Duran, Marvin Sanders and Jose Zaball |
| Yousuf, Phillips, Benbow, Hamer, Fleurimand, Massey, Harvey and Pendegress |
| 1:2013cv03511 |
| May 14, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| P. Kevin Castel |
| James L. Cott |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
35
MEMORANDUM AND ORDER granting 26 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 a ny 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 quali fied 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 purs uant 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
19
MEMORANDUM AND ORDER granting in part and denying in part 14 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 gra nted 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 def endants; 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 lig ht 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 Vin cent 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. § 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). SO ORDERED.(Signed by Judge P. Kevin Castel on 11/06/2013) (ama)
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