Richardson v. The City Of New York , et al
| Rudolph Richardson |
| The City Of New York ,, New York City Department Of Corrections, Corizon Health Inc., Landis Barnes and John/Jane Doe #1-10 |
| 1:2015cv00543 |
| January 26, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Lewis A. Kaplan |
| Andrew J. Peck |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
63
MEMO ENDORSEMENT granting in part and denying in part 45 Motion for Summary Judgment filed by Captain Walker, William Simmons, The City Of New York, Landis Barnes, Luis Garcia, Corizon Health Inc., New York City Department Of Correctio ns, adopting 61 Report and Recommendations. ENDORSEMENT: Defendants move for summary judgment dismissing the amended complaint. In a thorough report and recommendation dated November 18, 2015 (the "R&R"), Magistrate Judge Andrew J. Peck recommended that the motion be granted in all respects except denied as to plaintiff's (1) Section 1983 claim deliberate indifference and his malpractice claims against defendants Barnes and Corizon, and (2) negligence claims as to Officers Garcia and Simmons. Defendants object to the R&R to the extent it recommended denial of portions of their motion. I have considered defendants' objections and concluded that they lack merit. Accordingly, defendants' motion for summary judgment dismissing the amended complaint [DI 45] is granted in all respects except denied as to plaintiff's (1) Section 1983 claim deliberate indifference and his malpractice claims against defendants Barnes and Corizon, and (2) neg ligence claims as to Officers Garcia and Simmons. The parties shall file a joint pretrial order in the form prescribed by my individual practices on or before May 23, 2016. The Court will hold a final pretrial conference on June 22, 2016 at 4:30 pm. (Signed by Judge Lewis A. Kaplan on 4/22/2016) (mro)
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