Olutosin v. Lee et al
| Ajamu Olutosin |
| William Lee, R. Koskowski, Royce, T. Ketchin, W. Bresett, C. Gunsett, J. Brothers, S. Carlson, A. Coffin, G.H.C.F.'s Medical Dept./Staff, G.H.C.F.'s Mail Room Personnel and SHU Staff |
| 1:2014cv00685 |
| January 31, 2014 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Ulster |
| Nelson Stephen Roman |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
231
JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED: That after a Jury Trial before the Honorable Nelson Stephen Roman, United States District Judge, the jury having returned a verdict in favor of Defendants, and the Complaint is hereby dismissed. (Signed by Judge Nelson Stephen Roman on 11/22/2019) (rro)
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Filing
216
OPINION AND ORDER: For the foregoing reasons, Plaintiffs motion is GRANTED in part, DENIED in part, and RESERVED in part. Defendants' motion is likewise GRANTED in part, DENIED in part, and RESERVED in part. The Clerk of the Court is directed to terminate the motions at ECF Nos. 185 & 187. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 10/31/2019) (jca)
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Filing
153
OPINION AND ORDER: For the foregoing reasons, Plaintiff's Application for the Court to Request Counsel is granted. Due to a scarcity of volunteer attorneys, some period of time may pass before counsel volunteers to represent Plaintiff. Nevert heless, this litigation will progress at a normal pace. If an attorney volunteers, the attorney will contact Plaintiff directly. There is no guarantee, however, that a volunteer attorney will decide to take the case, and plaintiff should be prepar ed to proceed with the case pro se. Of course, if an attorney offers to take the case, it is entirely Plaintiff's decision whether to retain that attorney or not. The Court has established a Pro Bono Fund to encourage greater attorney represen tation of pro se litigants. The Fund is especially intended for attorneys for whom pro bono service is a financial hardship. See http://www.nysd.circ2.dcn/docs/prose/pro bono fund order.pdf.] The Clerk of the Court is respectfully requested to mail a copy to Plaintiff at the address listed on ECF and show proof of service on the docket. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (As further set forth in this Order.) (Signed by Judge Nelson Stephen Roman on 12/13/2018) (cf) Transmission to Docket Assistant Clerk for processing.
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Filing
151
OPINION AND ORDER re: 136 MOTION for Summary Judgment submitted pursuant to court order, on behalf of PLAINTIFF filed by C. Gunsett, J. Brothers, R. Ryan, W. Bresett, R. Koskowski, F. Bernstein, A. Coffin, S. Carlson, 140 MOTION for Summary Judgment And Opposition to Plaintiff's Motion for Summary Judgment filed by C. Gunsett, J. Brothers, R. Ryan, W. Bresett, R. Koskowski, F. Bernstein, A. Coffin, S. Carlson. For the foregoing reasons, Plaintiff's Motion is DENIED in its entirety. Defendants' CROSS-MOTION for Summary Judgment is GRANTED to the extent of dismissing Plaintiff's claims of retaliation and dismissing any claims that Plaintiff suffered a retinal de tachment as a result of the allegation of excessive use of force, and DENIED as to Plaintiff's remaining claim of excessive use of force. The Clerk of the Court is respectfully requested to terminate motions at ECF No. 136 and ECF No. 140 . The Court directs both parties to appear on December 12, 2018 at 10 a.m. in Room 218 at the Hon. Charles L. Brieant Jr. Federal Building and Courthouse, 300 Quarropas Street, White Plains, New York, 10601-4150. Defendant's Counsel is di rected to make arrangements with the Plaintiff's correctional facility to permit the Plaintiff to appear at the conference telephonically. Defense Counsel must appear in person. The Clerk of the Court is respectfully directed to mail a copy of this Order to Plaintiff's address as listed on ECF and show proof of such service on the docket. (Signed by Judge Nelson Stephen Roman on 10/12/2018) (mro) Transmission to Docket Assistant Clerk for processing.
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Filing
74
OPINION AND ORDER re: 69 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Royce, T. Ketchin, W. Bresett, F. Bernstein, William Lee, S. Carlson, C. Gunsett, R. Ryan, J. Brothers, R. Koskowski, A. Coffin. For the foregoing reasons, Defendant's motion is GRANTED in part and DENIED in part. The Court dismisses the following claims: the deliberate indifference claim; the due process claim; the failure to intervene claim; the access to courts claim; and the supervisory liability claim. The remaining claims are as follows: the excessive force claim; and the retaliation claim. The Court dismisses Defendants Ketchin and Lee from the instant action, and the remaining Defendants are directed to file an answer to the excessive force and retaliation claims within 30 days hereof. The parties are directed to appear for an initial pre-trial conference on July 14, 2016 at 10:00 a.m. Defendants are directed to appear in person. Defendants' counsel shall make arrangements with the appropriate correctional facility for Plaintiff to appear via telephone conference. Parties are further directed to submit a completed case management plan. The Court respectfully directs the Clerk to terminate the motion at ECF No. 69. SO ORDERED. (Initial Conference set for 7/14/2016 at 10:00 AM before Judge Nelson Stephen Roman.) T. Ketchin and William Lee terminated. (Signed by Judge Nelson Stephen Roman on 5/16/2016) Copies Mailed By Chambers. (mml)
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