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11-1121 - Surlock et al v. New York State Office for People with Developmental Disabilities et al


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11-1121 - Surlock et al v. New York State Office for People with Developmental Disabilities et al
June 8, 2016
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MEMORANDUM-DECISION AND ORDER re 238242249250251253258: The Court hereby ORDERS that the following claims are dismissed pursuant to Plaintiffs' voluntary withdrawal: (1) all claims against Defendant Jasiewicz; (2) the First Amendment claims against Defendants Graham, Dickerson, Reynolds, Motyka, Maynes and Finster; (3) the intimate association claim against all Defendants; and (4) the procedural due process claim against Defendants LeBoeuf, Reid, Perkins and Graham; and the Court further ORDERS that Defendant Graham's motion for summary judgment (Dkt. No. 258) is GRANTED in its entirety and she is dismissed from this action; and the Court further ORDERS that Defendant Finster's motion for summary judgment (Dkt. No. 238) is GRANTED in its entirety and she is dismissed from this action; and the Court further ORDERS that Defendant Maynes' motion for summary judgment (Dkt. No. 242) is GRANTED in part and DENIED in part; and the Court further ORDERS that Defendant Maynes' motion for summary judgment is granted only as it applies to the alleged medication errors, wrist splint application, and failure to report as discussed above; and the Court further ORDERS that Defendant Spencer's motion for summary judgment (Dkt. No. 251) is GRANTED in part and DENIED in part; and the Court further ORDERS that Defendant Spencer's motion for summary judgment is denied only as to the substantive due process claim relating to the laundry basket incident and alleged abusive language, and as to the motion for severance or to bifurcate; and the Court further ORDERS that Defendants Elliott, Alexander, Reid, LeBoeuf, and Perkins' motion for summary judgment (Dkt. No. 250) is GRANTED in its entirety and they are dismissed from this action; and the Court further ORDERS that Defendants Dickerson, Motyka, and Reynolds' motion for summary judgment (Dkt. No. 253) is GRANTED in its entirety and they are dismissed from this action; and the Court further ORDERS that Defendants Gleason, O'Brien and DiNuzzo's motion for summary judgment (Dkt. No. 249) is GRANTED in its entirety and they are dismissed from this action; and the Court further ORDERS that the following claims and Defendants remain in this action: (1) all claims against Defendant Hillard; (2) the claim for prospective injunctive relief against Defendant Delaney; (3) the substantive due process claim against Defendant Maynes as to the March 25, 2011 incident; and (4) the substantive due process claim against Defendant Spencer as to the alleged abusive language and laundry basket incident; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 6/8/2016. (ban)
January 11, 2017
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MEMORANDUM-DECISION AND ORDER granting 430 Motion to Dismiss: The Court hereby ORDERS that Defendant Delaney's motion to dismiss is GRANTED; and the Court further ORDERS that Defendant Delaney is DISMISSED from this action; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 1/11/2017. (ban)