Collazo v. Pagano, No. 09-4650 (2d Cir. 2011)
Annotate this CasePlaintiff, an inmate at Great Meadow Correctional Facility (Great Meadow), filed suit, pro se, in district court against three Great Meadow employees pursuant to 42 U.S.C. 1983, alleging that he had been improperly denied access to medically-prescribed therapeutic diets, resulting in violations of his Eighth Amendment right to be free from cruel and unusual punishment and of his Fourteenth Amendment right to due process. Plaintiff, subsequently represented by counsel, appealed the revocation of his in forma pauperis status, as well as the decision of the district court to grant summary judgment to one of the defendants, James Pagano. The court held that, based on its recent decision in Mills v. Fischer, any action dismissed on the ground of absolute prosecutorial immunity was presumed "frivolous" for purposes of 28 U.S.C. 1915(g). The court also held that the remainder of plaintiff's arguments on appeal were without merit. Accordingly, the orders of the district court revoking plaintiff's in forma pauperis status and granting Pagano summary judgment were affirmed.
The court issued a subsequent related opinion or order on October 17, 2011.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.