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03-1135 - Paninski v. Onondaga County Corr, et al


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03-1135 - Paninski v. Onondaga County Corr, et al
April 28, 2008
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ORDER - Defendants' 36 Motion for Summary Judgment is granted in part and denied in part as follows: 1) dismissing plaintiff's claims against defendant Cowin in his individual capacity is granted; 2) defendants' motion for summary judgment dismissing plaintiff's claims against defendant Cowin in his official capacity is denied; 3) defendants' motion to dismiss plaintiff's claim for punitive damages is granted; 4) defendant's motion dismissing request for injunctive relief is denied; 5) plaintiff's request to strike the affidavit of Renee Taylor, submitted by defendants is denied; 6)dismissing plaintiff's ADA claims, including failure to provide a reasonable accomodation, disability discrimination, and retaliation are denied; 7) dismissing plaintiff's claim of retaliation under the ADA for lack of jurisdiction, for failure to file a proper complaint with EEOC is hereby denied without prejudice. Based upon the Court's determination that affording the benefit of all inferences it cannot be determined whether the retaliation claim is sufficiently related to the initial EEOC filing to excuse the failure to file a separate complaint. Signed by Magistrate Judge David E. Peebles on 4/28/08. (mnm)