The opinion of the court was delivered by: Sweet, District Judge.
For the reasons set forth below, Defendants' motion is granted,
and Edney's complaint dismissed without prejudice.
Edney is presently an inmate at the Riverview Correctional
Facility ("Riverview"), located in Ogdensburg, New York. Edney
was previously located at the Tappan Correctional Facility, where
the events that form the basis of the instant action allegedly
Kerrigan is a Supervisor at the Tappan Correctional Facility
White is an Officer-in-Charge of Tappan's Control Operations.
Edney filed his complaint in this action on March 5, 1999,
asserting claims against Kerrigan and White pursuant to Section
1983 for violations of his Eighth and Fourteenth Amendment
rights. Edney has sued Kerrigan and White in their individual and
official capacities, and seeks $10 million in damages.
Defendants filed the instant motion on May 13, 1999, which was
marked fully submitted on June 23, 1999.
In considering a motion to dismiss, the factual allegations of
the complaint are presumed to be true and all factual inferences
must be drawn in the plaintiff's favor and against the
defendants. See Atlantic Mut. Ins. Co. v. Balfour Maclaine Int'l
Ltd., 968 F.2d 196, 198 (2d Cir. 1992); Rubin v. Tourneau,
Inc., 797 F. Supp. 247, 248 (S.D.N.Y. 1992). Accordingly, the
factual allegations considered herein and set forth below are
taken from Edney's complaint and do not constitute findings of
fact by the Court. They are presumed to be true only for the
purpose of deciding the present motion.
At 6:40 p.m. on June 23, 1998, upon return to his prison
residence after completion of a work assignment, plaintiff was
ambushed from behind by a masked attacker, stabbed twice in his
back, and then stabbed several times in his arms, chest, and
abdomen. As a result of the attack, plaintiff continues to
experience pain, nausea, trauma, emotional distress in the form
of acute paranoia and heightened anxiety, and nightmares. The
attack occurred at the entrance-way to Edney's residence,
building number eleven at Tappan.
After the attack, Edney received emergency medical treatment at
St. Agnes Hospital in White Plains, New York. Upon his return to
prison, Edney was placed in the Sing Sing infirmary for a
four-month period of involuntary protective ...