Grullon v. City of New Haven, No. 11-3184 (2d Cir. 2013)
Annotate this CasePlaintiff filed a pro se complaint under 42 U.S.C. 1983 against defendants, alleging, inter alia, the denial of visitation rights, telephone usage, and access to a law library, and deprivation of proper temperature control, ventilation, and various amenities. On appeal, plaintiff challenged the district court's dismissal of his complaint under 28 U.S.C. 1915A(b)(1). The district court dismissed plaintiff's action with prejudice on the basis of his initial pleading, denying him leave to file an amended complaint alleging that he in fact sent his letter to the Warden complaining of prison conditions. Therefore, the court vacated the judgment of the district court to the extent that it dismissed the claims against the Warden in his individual capacity with prejudice and without leave to file an amended complaint, and remanded for further proceedings. The court affirmed in all other respects.
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