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Gorder v. Workman

November 3, 2006

FRED E. VAN GORDER, PLAINTIFF,
v.
DAN WORKMAN, ET AL, DEFENDANTS.



The opinion of the court was delivered by: Charles J. Siragusa United States District Judge

DECISION AND ORDER

INTRODUCTION

On May 27, 2005, plaintiff filed a motion (# 76) for summary judgment against Sherry Tarbell ("Tarbell"), Inmate Grievance Supervisor for Gowanda Correctional Facility, for allegedly violating his Fourth and Eighth Amendment rights by forcing him to disclose sensitive and confidential medical information during the course of a grievance hearing. The Court denied plaintiff's motion in a Decision and Order (# 110) docketed on October 12, 2005, because of his failure to comply with Western District of New York Local Rule of Civill Procedure 56.1. The Court's decision did not handle, however, Tarbell's cross-motion (# 91) to dismiss the complaint against her pursuant to Federal Rule of Civil Procedure 12(c). Therefore, the Court now addresses that motion.

BACKGROUND

The Eighth Claim in plaintiff's amended complaint (# 9) reads as follows:

H. EIGHTH CLAIM:

1. Inmate grievance supervisor, Tarbell, Gowanda Correctional Facility, and Jeff Weber, Wyoming Correctional Facility did cause severe emotional trauma and stress to medical condition [sic] to the plaintiff when they did intentionally and with malice violate the plaintiff[']s Fourth Amendment and Eighth Amendment rights by forcing the plaintiff to sit in grievance hearings and disclose confidential medical conditions, treatments, and procedures in the presence of other inmates, officers, and civilians.

2. On January 12, 2001, Ms Tarbell ignored the plaintiff[']s pleas for medical privacy by forcing the plaintiff to attend a grievance hearing and discuss and divulge confidential medical information, causing emotional trauma and stress to an already stressful medical condition.

3. On May 30, 2002; and September 20, 2002, Jeff Weber ignored the plaintiff[']s pleas for medical privacy by forcing the plaintiff to sit in grievcnce hearings and discuss and divulge confidential medical information, causing severe emotional trauma and stress to an already stressful medical condition. (Amend. Compl., at 8.) At the end of his amended complaint, plaintiff seeks the following damages:

The plaintiff is seeking damages for pain and suffering , emotional trauma, physical damages, future losses of employment, future medical costs and expenses and constitutional violations at the hands of the defendants during the violations of the rights protected under the United States Constitution in the amount of Sixteen Million, Four-Hundred and fifty Thousand $16,450,000 Dollars. (Amend. Compl., at 9.) Referring to plaintiff's amended complaint, Claim H, the defense states that Tarbell was the one who investigated plaintiff's grievance relating to inadequate medical treatment. (Mem. of Law (# 92), at 1.)

STANDARDS OF LAW

Judgment on the Pleadings

The standard for reviewing a motion for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) is "the same standard as that applicable to a motion under 12(b)(6), accepting the allegations contained in the complaint as true and drawing all reasonable inferences in favor of the nonmoving party." Gowins v. Greiner, 01 Civ. 6933 (GEL), 2002 U.S. Dist. LEXIS 14098 (S.D.N.Y. Jul. 31, 2002); citing King v. American Airlines, Inc., 284 F.3d 352, 356 (2d Cir. 2002). Of course, the Court must read a pro se complaint ...


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