In re Deems

1 Citing case

  1. Arroyo v. City of New York

    99 Civ. 1458 (JSM) (S.D.N.Y. Sep. 25, 2003)   Cited 10 times
    Finding that an alleged eight-month delay in surgical repair of an inmate's inguinal hernia was not serious enough to amount to an Eighth Amendment violation

    Accordingly, Plaintiff has failed to meet his burden of proof in opposition to Defendants' motion for summary judgment. Celotex v. Catrett, 477 U.S. 317, 323-24, 106 S.Ct. 2548, 2553 (1986); Cifarelli v. Village of Babylon, 93 F.2d 47, 51 (2d Cir. 1996) ("[M] ere conclusory allegations, speculation or conjecture will not avail a party resisting summary judgment."); Goenaqa v. March of Dimes Birth Defects Foundation, 51 F.3d 14, 18 (2d Cir. 1995). It also appears that Plaintiff has not alleged that the municipal Defendants engaged in a pattern or practice of indifference to prisoners' medical needs, as required by Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 694, 98 S.Ct. 2018, 2037-38 (1978); Batista v. Rodriguez, 702 F.2d 393, 397 (2d Cir. 1983).