Opinion
Civ. No. 18-12217 (NLH)(LHG)
02-16-2021
THOMAS JAMES CLAUSO, Plaintiff, v. WARDEN WILLIE BONDS, et al., Defendants.
APPEARANCE: Thomas James Clauso 59252 South Woods State Prison 215 South Burlington Road Bridgeton, NJ 08302 Plaintiff pro se Gurbir S. Grewal, Attorney General of New Jersey Niccole L. Sandora, Deputy Attorney General Office of the New Jersey Attorney General R.J. Hughes Justice Complex PO Box 116 Trenton, NJ 08625 Counsel for Defendants Willie Bonds, Guard Hansen, and Guard Martinelli
MEMORANDUM OPINION & ORDER
APPEARANCE: Thomas James Clauso
59252
South Woods State Prison
215 South Burlington Road
Bridgeton, NJ 08302
Plaintiff pro se Gurbir S. Grewal, Attorney General of New Jersey
Niccole L. Sandora, Deputy Attorney General
Office of the New Jersey Attorney General
R.J. Hughes Justice Complex
PO Box 116
Trenton, NJ 08625
Counsel for Defendants Willie Bonds, Guard Hansen, and Guard Martinelli HILLMAN, District Judge
WHEREAS, Defendants Willie Bonds, Guard Hansen, and Guard Martinelli have filed a motion for summary judgment on Plaintiff Thomas Clauso's complaint, see ECF No. 47; and
WHEREAS, Plaintiff alleges Hansen and Martinelli took his medical brace and cane away from him, causing him to be unable to walk, ECF No. 1 at 13; and
WHEREAS, Defendants submit as a material fact not in dispute that Plaintiff did not have active medical orders for those items when they were removed, ECF No. 47-1 ¶ 43; and
WHEREAS, Plaintiff's face sheet, submitted by Defendants as Exhibit A, lists a medical alert: "NEED FOR WHEEL CHAIR OR OTHER DEVICE," ECF No. 47-4 at 2; and
WHEREAS, Defendants have not addressed this discrepancy in their papers; and
WHEREAS, Federal Rule of Civil Procedure 56 permits courts to give parties an opportunity to properly address or support a fact, Fed. R. Civ. P. 56(e)(1),
THEREFORE, IT IS on this 16th day of February, 2021
ORDERED that within 14 days of this Order, Defendants shall file a supplement, including any additional exhibits, addressing the discrepancy between the statement of fact and Plaintiff's face sheet; and it is finally
ORDERED that the Clerk shall send Plaintiff a copy of this Order by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey