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EDNEY v. KARRIGAN

October 14, 1999

HERBERT D. EDNEY, SR., PLAINTIFF,
v.
SERGEANT H. KARRIGAN AND (OIC) CORRECTION OFFICER WHITE, DEFENDANTS.



The opinion of the court was delivered by: Sweet, District Judge.

OPINION

For the reasons set forth below, Defendants' motion is granted, and Edney's complaint dismissed without prejudice.

The Parties

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 occurred.

Kerrigan is a Supervisor at the Tappan Correctional Facility ("Tappan").

White is an Officer-in-Charge of Tappan's Control Operations.

Prior Proceedings

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.

Facts

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 ...


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