Rosado v. Mental Health Personnell of Rikers Island Daphnee Herard et al, No. 1:2012cv08943 - Document 53 (S.D.N.Y. 2014)

Court Description: MEMORANDUM OPINION & ORDER re: 30 MOTION to Dismiss Complaint filed by Mental Health Personnell of Rikers Island Daphnee Herard. For the reasons stated above, Defendant's motion to dismiss is denied with respect to Plaintiff's equ al protection and First Amendment retaliation claims, except to the extent that compensatory damages for mental and emotional injury are sought in connection with these claims. The motion to dismiss is granted with respect to these claims to the exte nt that they seek compensatory damages for mental and emotional injury. The motion is also granted with respect to Plaintiff's remaining federal claims. The motion to dismiss is otherwise denied. The Clerk of the Court is directed to terminate the motion (Dkt. No. 30) and to mail a copy of this Order to Tyrone Rosado, 241-11-05751, Anna M. Kross Center (A.M.K.C.) C-95, 18-18 Hazen Street, East Elmhurst, New York 11370. (Signed by Judge Paul G. Gardephe on 3/25/2014) (mro)