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07-724 - Hooks v. Howard et al


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07-724 - Hooks v. Howard et al
July 3, 2008
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ORDER denying 31 Motion for Preliminary Injunction. Signed by Senior Judge Thomas J. McAvoy on 7/3/08. (rjb, )
March 30, 2010
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MEMORANDUM-DECISION&ORDER GRANTING IN PART / DENYING IN PART defts' 49 Motion for Summary Judgment. All of pltf's claims are DISMISSED w/ the exception of pltf's claims against defts McGaw, Willette, Galiger&Green arising out of the alleged use of excessive force against pltf on 8/07/2006. Defts' motion for summary judgment dismissing the excessive force claims is DENIED because pltf has adduced evidence sufficient to show that a reasonable trier of fact could conclude that pltf exhausted his administrative remedies with respect thereto. IT IS FURTHER ORDERED that deft C.O. Howard is dismissed as a deft in this action; and IT IS FURTHER ORDERED that this matter is remanded to the assigned magistrate judge for a final pretrial conference on the excessive force claims; Signed by Sr. Judge Thomas J. McAvoy dtd 3/26/2010 (cml) [ CRD traditionally served upon non-NEF pltf @ NYSDOC Upstate Correctional facility ]