Fann v. Graham et al, No. 9:2015cv01339 - Document 136 (N.D.N.Y 2018)

Court Description: DECISION AND ORDER: The 128 Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1). ORDERED that 1. Plaintiff's 119 motion for summary judgment is DENIED in its entirety; 2. Defendants' 120 motion for summary j udgment is GRANTED in part and DENIED in part; 3. Plaintiff's supervisory liability claims against defendants Fagan and Graham are DISMISSED with prejudice; 4. Plaintiff's Fourteenth Amendment due process claim against defendant Ouimette i s DISMISSED with prejudice; 5. Plaintiff's Fourth Amendment unreasonable search claims against defendants Cornell and Steinberg are DISMISSED with prejudice; 6. Defendants' motion for summary judgment is DENIED as to plaintiff's Fir st Amendment retaliation claim against defendant Thomas; and 7. Defendants' motion for summary judgment is DENIED without prejudice as to plaintiff's First and Fourth Amendment claims against defendants Cornell, Lovejoy, Schramm, and Ederer for the incidents occurring on July 9, 2015, to defendants renewing this argument and requesting a hearing to assess whether plaintiff exhausted his administrative remedies. Signed by Judge David N. Hurd on 3/19/18. (served on plaintiff by regular and certified mail) (alh, )