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holding that a triable issue of fact exists regarding whether officers acted pursuant to their personal interests where a prisoner alleged that officers assaulted him in retaliation for participating in a federal lawsuit
Summary of this case from Rahman v. FischerOpinion
9:05-CV-1460.
September 24, 2008
ANTHONY MEDINA, 99-A-2999, Southport Correctional facility, Pine City, NY.
CHRISTOPHER W. HALL, ESQ., Asst. Attorney General, HON. ANDREW M. CUOMO, Attorney General of the State of New York, Attorney for Defendants, Department of Law, The Capitol, Albany, New York.
DECISION and ORDER
Plaintiff, Anthony Medina, brought this civil rights action pursuant to 42 U.S.C. § 1983. By Report-Recommendation dated September 2, 2008, the Honorable George H. Lowe, United States Magistrate Judge, recommended that the defendants' motion for partial summary judgment (Docket No. 28) be granted, and denied in part in the following respects: that plaintiff's retaliation claim under the First Amendment be dismissed; that plaintiff's conspiracy claim against defendant Hunt be dismissed, but that defendants' motion otherwise be denied without prejudice; and further, that plaintiff's claims against defendants in their official capacities be sua sponte dismissed. Objections to the Report-Recommendation have not been filed.
Based upon a careful review of the entire file and the recommendations of Magistrate Judge Lowe, the Report-Recommendation is accepted and adopted in all respects.See 28 U.S.C. 636(b)(1).
Accordingly, it is
ORDERED that
1. Defendants' motion for partial summary judgment (Docket No. 54) is GRANTED in part, and DENIED in part as follows:
2. Plaintiff's retaliation claim under the First Amendment is DISMISSED;
3. Plaintiff's conspiracy claim against defendant J. Hunt is DISMISSED;
4. Defendants' motion is otherwise DENIED; and
5. Plaintiff's claims against defendants in their official capacities are sua sponte DISMISSED.
IT IS SO ORDERED.