Graham v. Peters et al
| Frank Graham |
| Robert S. Maccheyne, Jason D. Jedra, Scott Cordia, Jeremy Peters and T. Rodabaugh |
| 1:2013cv00705 |
| July 8, 2013 |
| US District Court for the Western District of New York |
| Buffalo Office |
| XX US, Outside State |
| John T. Curtin |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
11
DECISION AND ORDER granting in part Defendants' 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiff's due process, First Amendment, and conspiracy claims are dismissed, as is the failure to intervene claim, except as to defend ant Rodabaugh. The excessive force claim is dismissed as to defendant Rodabaugh only, for plaintiff's failure to allege defendant Rodabaugh's personal involvement in the alleged assault. Defendants are directed to file an answer to the re maining claims, for excessive force in violation of the Eighth Amendment against all defendants except defendant Rodabaugh, and for the failure to intervene against only defendant Rodabaugh, in accordance with the Federal Rules of Civil Procedure. Signed by Hon. John T. Curtin on 10/30/2013. (JEC)
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