Washington v. Westchester County Department of Correction et al
| Darrell Washington |
| Westchester County Department of Correction and Correct Care Solution |
| 1:2013cv05322 |
| July 29, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sullivan |
| Katherine Polk Failla |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
46
OPINION AND ORDER re: 34 MOTION to Dismiss filed by Correct Care Solution, Westchester County Department of Correction: For the foregoing reasons, Defendants' motion to dismiss is GRANTED in its entirety. Plaintiff's Se ction 1983 claim is DISMISSED with prejudice. His state-law claims against the individual defendants and Correct Care are DISMISSED without prejudice. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 1/30/2015) Copies Mailed By Chambers. (tn)
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Filing
31
OPINION AND ORDER: For the reasons discussed herein, Defendants' motion to dismiss is GRANTED in part and DENIED in part. The Clerk of Court is directed to terminate Docket Entry 13. Specifically, Defendant County's motion is DENIED withou t prejudice with respect to the County's affirmative defense for failure to exhaust administrative remedies. Defendant County's motion is GRANTED with prejudice with respect to Plaintiff's New York State law claims. Defendants' motion is GRANTED with prejudice with respect to Plaintiff's Eighth Amendment claim relating to his March 2013 MRSA infection. Defendants' motion is GRANTED without prejudice with respect to Plaintiff's Eighth Amendment claim relating to Defendants' decision to discontinue his medication in January 2013. Plaintiff is granted leave to file an amended complaint within 30 days from the date of this Order. (Signed by Judge Katherine Polk Failla on 4/25/2014) Copies Mailed By Chambers. (tn)
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