Little et al v. Municipal Corporation, The City of New York
| Clifton Little, Anthony Romero, Mr. Beckman, Terry Petterson, Jalah Knight and Martin Concepcion |
| Municipal Corporation, The City of New York, Commissioner Dora B. Schriro, Warden Duffy, Board of Correction, Deputy Williams, Captain Brown #1657, Correction Officer Spears, Captain Elias, John Doe Correction Officer and Warden Ardo |
| 7:2012cv05851 |
| July 30, 2012 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Queens |
| Kenneth M. Karas |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
166
OPINION & ORDER re: 116 MOTION to Dismiss Romero's Second Amended Complaint, in its entirety, and to partially dismiss Little's Second Amended Complaint, filed by Warden Duffy, Mikell Spears, Warden Ardo, Bernadette Brow n, Elio Elias, Commissioner Dora B. Schriro, 103 MOTION OPPOSITION TO MOTION TO DISMISS, filed by Anthony Romero. Defendants' Motion To Dismiss is granted with respect to all of Romero's claims on exhaustion grounds and is grante d as to Little's claims that he was unconstitutionally classified, denied a work assignment, and denied access to the courts. The Motion is denied without prejudice as to Little's claims for excessive confinement, unsanitary housing cond itions, denial of food, exposure to extreme temperatures, and denial of laundry services, as well as his claims of excessive force for the use of chemical agent by Defendant Yousuf and the alleged use of force by Defendant Spears. Should Defendants wish to file a renewed motion to dismiss on Little's conditions-of-confinement and excessive force claims, Defendants are to submit a pre-motion letter to the Court within 14 days of the date of this Opinion & Order. Little is to respond with in 14 days thereafter. The Court will then issue a scheduling order as to any viable motion. Pursuant to the Court's order, (Dkt. No. 162), the stay of discovery is lifted. The Clerk of Court is respectfully requested to terminate the pending Motions. (Dkt. Nos. 103, 116.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 3/29/17) (yv)
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Filing
61
OPINION AND ORDER: For the reasons discussed above, Defendants' Motion To Dismiss is granted, and Little's Amended Complaint is dismissed without prejudice. Little may file an amended complaint within 30 days of this Order. The other Pla intiffs must file their own amended complaint, which must include the signature of the Plaintiff to which it is to be attributed, within 30 days of this Order or risk an Order to Show Cause as to why their claims should not be dismissed for failure to prosecute. To be clear, if a Plaintiff cannot sign, and thereby join, another Plaintiff's amended complaint, he must submit his own signed amended complaint to the Court. The Clerk of the Court is respectfully requested to terminate the pending Motion. (See Dkt. No. 56). SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/29/2014) (lnl)
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