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Ralph Buck Phillips v. T. Lavalley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


April 17, 2013

RALPH BUCK PHILLIPS, PLAINTIFF,
v.
T. LAVALLEY, SUPERINTENDENT, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; M. LAMOUNTAIN, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; S. BROWN, DEPUTY SUPT. SECURITY, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; C. DELUTIS, SERGEANT (SHU), CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; J. LUDWIG, SERGEANT, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; M. LAFOUNTAIN, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; J. FARRELL, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; A. FRENYA, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; C. GADWAY, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; BEZIO, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; LECLAIRE, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; SEAN LILLEDAHL, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; MORROW, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY; AND JOHN DOE, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY, SUED IN PERSONAL AND OFFICIAL CAPACITY, DEFENDANTS.

The opinion of the court was delivered by: David N. Hurd United States District Judge

DECISION and ORDER

Plaintiff brought this action pursuant to 42 U.S.C. § 1983. On March 1, 2013, the Honorable Randolph F. Treece, United States Magistrate Judge, advised by Report- Recommendation that defendants' motion to dismiss be granted and ordered that plaintiff's cross-motion to amend be granted in part and denied in part. No objections to the Report- Recommendation were filed. Plaintiff filed an Amended Complaint on March 1, 2013.*fn1 Based upon a careful review of the entire file and the recommendations of the Magistrate Judge, the Report-Recommendation is accepted in whole. See 28 U.S.C. § 636(b)(1).

Therefore it is

ORDERED that

1. Defendants' motion to dismiss is GRANTED;

2. All claims against defendants LaValley and Brown are DISMISSED for lack of personal involvement; and

3. All claims for monetary damages against all defendants in their official capacities are DISMISSED pursuant to the Eleventh Amendment.

IT IS SO ORDERED.


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