Smith v. Miller et al
| Raysun Smith |
| Correction Officer S. Miller, Correction Officer T. Tabor, Correction Officer Diaz, Correction Officer J. Rufino, Sergeant C. LLorens, Sergeant G. Heal, Lieutenant E. Pahl, Lieutenant Washer, Correction Officer A. Riollano, Correction Officer M. O'Rafferty, Nurse John Doe, Sergeant Del Bianco, Correction Officer F. Sioco, Correction Officer Allen, Correction Officer John Doe, Sergeant Donohue, Lieutenant Staples and Captain Harris |
| 1:2015cv09561 |
| December 7, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Seneca |
| Loretta A. Preska |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
38
OPINION & ORDER re: 32 MOTION to Dismiss the Complaint. filed by Captain Harris, Correction Officer J. Rufino, Sergeant Del Bianco, Correction Officer Allen, Correction Officer M. O'Rafferty, Correction Officer A. Riollano, Correction Officer F. Sioco. Defendants' partial motion to dismiss is GRANTED in part and DENIED in part. The First Amendment retaliation claims against Defendants Allen, Sioco, Rufino, Riollano, O'Rafferty, and Harris are dismissed wit hout prejudice. The First Amendment Free Exercise claims against Defendants Rufino and O'Rafferty are also dismissed without prejudice. Because no claims remain against Defendants Allen, Sioco, Rufino, Riollano, O'Rafferty, and Harris, t hey are dismissed from this action. Plaintiff's Eighth Amendment claims against Defendants Miller, Tabor, Diaz, Kothari, Heal, LLorens, and Del Bianco remain. The remaining Defendants are directed to file their answer on or before November 13 , 2017. The parties are further directed to appear for an in-person Initial Pretrial Conference scheduled for November 16, 2017 at 11:45am before Judge Roman and complete a Case Management Plan and Scheduling Order, which should be submitted to cha mbers prior to the conference. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 32. So Ordered., (Correction Officer M. O'Rafferty (individually and in his official capacity), Correction Officer A. Riollan o (individually and in his official capacity), Correction Officer J. Rufino (individually and in his official capacity), Correction Officer F. Sioco (individually and in his official capacity), Correction Officer Allen (individually and in his official capacity) and Captain Harris (individually and in his official capacity) terminated.) (Signed by Judge Nelson Stephen Roman on 10/23/17) Copies Mailed By Chambers. (yv)
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