Ruffin v. Travers-Marsh et al
| Lee A. Ruffin |
| Donna Travers-Marsh, "Jane Doe" Furman, Tammi Chaboty and Lynn Lilley |
| 1:2017cv02564 |
| April 10, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
21
OPINION & ORDER: For the foregoing reasons, Plaintiff's Complaint is Dismissed with prejudice. The clerk of Court is respectfully requested to terminate the action, mail a copy of this Opinion and Order to Plaintiff, and file proof of service on the docket. (Signed by Judge Nelson Stephen Roman on 10/2/2019) (rj) Transmission to Docket Assistant Clerk for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
20
OPINION AND ORDER re: 17 MOTION to Dismiss. filed by "Jane Doe" Furman, Tammi Chaboty, Donna Travers-Marsh, Lynn Lilley. For the foregoing reasons, Defendants' motion to dismiss is GRANTED in part and DENIED in p art. Plaintiff's First Amendment free exercise claim, Fourteenth Amendment due process claim, and Eighth Amendment cruel and unusual punishment claims are dismissed, without prejudice, and Plaintiff is granted leave to replead the claims in conf ormity with this opinion. Defendants' motion to dismiss the claims brought against them in their official capacity is granted. Defendants' motion to dismiss on the basis of qualified immunity is denied. A blank Amended Complaint form is at tached. The clerk of Court is respectfully requested to terminate the motion at ECF No. 17, mail a copy of this Opinion to Plaintiff, and file proof of service on the docket. Plaintiff is directed to file an Amended Complaint in conformance with the above on or before August 9, 2018. Failure to timely file an Amended Complaint will result in the dismissal of the Fourteenth Amendment due process claim stemming from the punishment imposed at the disciplinary hearing and the First and Eighth Amend ment claims stemming from the strip frisks and body cavity searches. The Defendants shall answer or seek a pre-motion conference on any potential motion to dismiss by August 30, 2018. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 7/10/2018) (ne)
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