Hurst v. Sheehan et al, No. 9:2016cv01062 - Document 63 (N.D.N.Y 2018)
Court Description: DECISION AND ORDER: Based upon a careful review of the Report-Recommendation, the 62 Report- Recommendation is accepted in whole. ORDERED that 1. Defendants' 41 motion for summary judgment is GRANTED in part and DENIED in part; 2. De fendants' motion for summary judgment dismissing plaintiff's Eighth Amendment excessive force claim against defendants in their official capacities is GRANTED and those claims are DISMISSED; 3. Defendants' motion for summary judgment dismissing plaintiff's Eighth Amendment excessive force claim based on non-exhaustion is DENIED without prejudice to defendants renewing this argument and requesting an exhaustion hearing; and 4. Trial is scheduled for February 5, 2019 in Utica, New York. Signed by Judge David N. Hurd on 8/29/18. {order served via regular and via certified mail on plaintiff}(nas, )
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Hurst v. Sheehan et al Doc. 63 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------KEITH I. HURST, Plaintiff, -v- 9:16-CV-1062 (DNH/TWD) A. MOLLNOW, Correctional Officer, Washington Correctional Facility; and EISENSCHMIDT, Sergeant, Washington Correctional Facility, Defendants. -------------------------------APPEARANCES: OF COUNSEL: KEITH I. HURST Plaintiff, pro se 105 Hunter Avenue, #2 Albany, NY 12206 BARBARA D. UNDERWOOD Attorney General for the State of New York Attorney for Defendants The Capitol Albany, NY 12224 MARK G. MITCHELL, ESQ. Ass't Attorney General DAVID N. HURD United States District Judge DECISION and ORDER Pro se plaintiff Keith I. Hurst brought this civil rights action pursuant to 42 U.S.C. § 1983. On July 20, 2018, the Honorable Thérèse Wiley Dancks, United States Magistrate Judge, advised by Report-Recommendation that defendants' motion for summary judgment Dockets.Justia.com be granted in part and denied in part. No objections to the Report-Recom mendation were filed. Based upon a careful review of the Report-Recommendation, the ReportRecommendation 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 in part and DENIED in part; 2. Defendants' motion for summary judgment dismissing plaintiff's Eighth Amendment excessive force claim against defendants in their official capacities is GRANTED and those claims are DISMISSED; 3. Defendants' motion for summary judgment dismissing plaintiff's Eighth Amendment excessive force claim based on non-exhaustion is DENIED without prejudice to defendants renewing this argument and requesting an exhaustion hearing; and 4. Trial is scheduled for February 5, 2019 in Utica, New York. IT IS SO ORDERED. Dated: August 29, 2018 Utica, New York. -2-
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