Hernandez v. Corizone Medical Dept. Staff

Justia Dockets & Filings Second Circuit New York Southern District Hernandez v. Corizone Medical Dept. Staff

Hernandez v. Corizone Medical Dept. Staff

Plaintiff:	Angel Hernandez
Defendant:	Corizone Medical Dept. Staff
Case Number:	1:2014cv00192
Filed:	January 2, 2014
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Queens
Presiding Judge:	Frank Maas
Presiding Judge:	J. Paul Oetken
Nature of Suit:	Prison Condition
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	None

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Date Filed	Document Text
May 22, 2017	Filing 90 OPINION AND ORDER: re: 79 MOTION to Dismiss filed by Correction Officer Captain Issac, The City Of New York, Correction Officer Adun, New York City Department of Health and Mental Hygiene. For the foregoing reasons, Defendants' m otion to dismiss is GRANTED in part and DENIED in part. The motion is granted as to the claim of municipal liability under Section 1983 against the City of New York and its Health Department; it is denied as to the Section 1983 claim against Correcti on Officer Adun and Correction Officer Captain Isaac. The motion is also denied as to the negligence claim against Defendants Adun, Isaac, John and/or Jane Doe(s), and the City of New York. Remaining Defendants shall file an answer to the remaining c laims on or before June 16, 2017. The Clerk of Court is directed to close the motion at Docket Number 79. SO ORDERED., Correction Officer Adun answer due 6/16/2017; Correction Officer Captain Issac answer due 6/16/2017; New York City Department of Health and Mental Hygiene answer due 6/16/2017; The City Of New York, answer due 6/16/2017. (Signed by Judge J. Paul Oetken on 5/22/2017) (ama)

Date Filed

Document Text

May 22, 2017

Filing 90 OPINION AND ORDER: re: 79 MOTION to Dismiss filed by Correction Officer Captain Issac, The City Of New York, Correction Officer Adun, New York City Department of Health and Mental Hygiene. For the foregoing reasons, Defendants' m otion to dismiss is GRANTED in part and DENIED in part. The motion is granted as to the claim of municipal liability under Section 1983 against the City of New York and its Health Department; it is denied as to the Section 1983 claim against Correcti on Officer Adun and Correction Officer Captain Isaac. The motion is also denied as to the negligence claim against Defendants Adun, Isaac, John and/or Jane Doe(s), and the City of New York. Remaining Defendants shall file an answer to the remaining c laims on or before June 16, 2017. The Clerk of Court is directed to close the motion at Docket Number 79. SO ORDERED., Correction Officer Adun answer due 6/16/2017; Correction Officer Captain Issac answer due 6/16/2017; New York City Department of Health and Mental Hygiene answer due 6/16/2017; The City Of New York, answer due 6/16/2017. (Signed by Judge J. Paul Oetken on 5/22/2017) (ama)

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Defendant: Corizone Medical Dept. Staff
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