Smith v. John Doe Psychiatrist et al, No. 1:2015cv09961 - Document 66 (S.D.N.Y. 2017)

Court Description: OPINION & ORDER re: 50 FIRST MOTION to Dismiss filed by Lauren Grey Outlaw, Renen Beauchard, Corizon, NY City: Plaintiff Eric A. Smith, proceeding pro se, brings this 42 U.S.C. § 1983 action alleging that he was deprived medical car e while a pretrial detainee at the Robert N. Davoren Center at the Rikers Island Correctional Facility. Defendants Lauren Grey Outlaw, a licensed social worker, Renen Beauchard, a physician assistant, the City of New York, and Corizon Health Services , Inc. move to dismiss the Amended Complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, for failure to state a claim upon which relief can be granted. Although the Court has been mindful to afford Plaintiff's Complaint t he liberal interpretation that it is due, Plaintiff has nevertheless failed to state a plausible Fourteenth Amendment claim against Outlaw, the City, and Corizon. Accordingly, the claims against the defendants other than Beauchard are dismissed. The Clerk of Court is respectfully directed to terminate item number 50 on the docket. A conference is hereby scheduled for November 9, 2017 at 2:00 p.m. to discuss the scope and timing of discovery. (Status Conference set for 11/9/2017 at 02:00 PM before Judge Ronnie Abrams. Lauren Grey Outlaw, Corizon and NY City terminated.) (Signed by Judge Ronnie Abrams on 9/30/2017) (jwh) (Main Document 66 replaced on 10/2/2017) (arc). Modified on 10/2/2017 (lb).