Summary
agreeing that the plaintiff's alleged injury of "back pains" appeared to be de minimis but explaining that "the use of excessive physical force against a prisoner may constitute cruel and unusual punishment [even] when the inmate does not suffer serious injury"
Summary of this case from Evans v. BennettOpinion
No. 9:11-cv-1490
2013-09-23
TYSHAUN MOSLEY, Plaintiff, v. P. WOODLY, Correction Captain, Clinton Correctional Facility; K. MATTOT, Correction Sergeant, Clinton Correctional Facility; P. FESSETTE, Correction Sergeant, Clinton Correctional Facility; M. GUYNUP, Correction Sergeant, Clinton Correctional Facility; W. LECLAIR, Correction Officer, Clinton Correctional Facility; JOHN DOE, Correction Officer, Clinton Correctional Facility, Defendants.
TYSHAUN MOSLEY Pro Se Plaintiff HON. ERIC T. SCHNEIDERMAN Attorney General for the State of New York Attorney for Defendants OF COUNSEL: ROGER W. KINSEY, ESQ. Ass't Attorney General
APPEARANCES: TYSHAUN MOSLEY
Pro Se Plaintiff
HON. ERIC T. SCHNEIDERMAN
Attorney General for the State of New York
Attorney for Defendants
OF COUNSEL: ROGER W. KINSEY, ESQ.
Ass't Attorney General
DAVID N. HURD
United States District Judge
DECISION and ORDER
Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On August 29, 2013, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment be granted in part and denied in part. No objections to the Report-Recommendation were filed.
Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).
Therefore it is
ORDERED that
1. Defendants' motion for summary judgment is GRANTED as follows:
2. Plaintiff's deliberate medical indifference claim against defendants Matott, Fessette, Guynup, and LeClair are DISMISSED;
3. Plaintiff's due process claim against defendant Woodruff is DISMISSED;
4. Plaintiff's claims against all defendants in their official capacities are DISMISSED;
5. Defendants' motion for summary judgment is DENIED as to plaintiff's excessive force claim against defendant LeClair and DENIED as to plaintiff's failure to protect claim against defendants Matott, Fessette, and Guynup; and
6. Defendant John Doe is DISMISSED from this action as a result of plaintiff's failure to timely identify and serve him.
The Clerk is directed to serve a copy of this Decision and Order upon the parties in accordance with the Local Rules.
IT IS SO ORDERED.
______________________
United States District Judge
Dated: September 23, 2013
Utica, New York.
The correct spelling of this defendant's name is "Woodruff" and he will be referred to as such. The Clerk is directed to amend the caption accordingly.