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Wilburn v. City of Albany

United States District Court, N.D. New York

June 5, 2014

LARRY WILBURN, JR., Plaintiff,
v.
CITY OF ALBANY et al., Defendants.

LEE CAREY KINDLON, ESQ., GENNARO D. CALABRESE, ESQ., Kindlon, Shanks & Associates, Albany, NY, for Defendants.

ERIC P. SUGAR, ESQ., JOHN JOSEPH REILLY, ESQ., City of Albany, Devin Anderson City of Albany Corporation Counsel, Albany, NY,

PATRICK J. COLLINS, ESQ., County of Albany, Craig D. Apple Albany County Attorney's Office, Albany, NY,

DANIEL R. RYAN, ESQ., KAREN J. KROGMAN, ESQ., Correctional Medical Care, Inc., Smith, Sovik Law Firm. Syracuse, NY, for Plaintiff.

MEMORANDUM-DECISION AND ORDER

GARY L. SHARPE, Chief Magistrate Judge.

I. Introduction

Plaintiff Larry Wilburn, Jr. commenced this action against defendants City of Albany, City of Albany Police Officer Devin Anderson, County of Albany, Hon. Craig D. Apple, Correctional Medical Care, Inc. (CMC), and several John/Jane Doe defendants, alleging violations of his Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights, pursuant to 42 U.S.C. §§ 1982, 1983, 1985, and 1988, as well as various state common law causes of action. ( See generally Compl., Dkt. No. 1.) CMC filed a pre-answer motion, pursuant to Fed.R.Civ.P. 12(b)(6), seeking dismissal of Wilburn's state law claims of negligence, negligent supervision, hiring, and training, and negligent infliction of emotional distress, and his claim seeking punitive damages. (Dkt. No. 19.) For the reasons that follow, the motion to dismiss is denied.

II. Background[1]

Wilburn claims that on May 26, 2012, he was a passenger in a car that was stopped by Albany police officers. (Compl. ¶¶ 15-16.) During this stop, Wilburn was subjected to physical abuse at the hands of the Albany police, causing numerous injuries. ( Id. ¶¶ 17-21.) He was subsequently arraigned and held at the Albany County Correctional Facility from May 26, 2012 until June 22, 2012. ( Id. ¶¶ 23-24.)

While incarcerated, Wilburn allegedly "was fed only bouillon cubes and was not permitted to shower due to the injuries caused by [Anderson and John Doe]." ( Id. ¶ 27.) He further alleges that he made numerous requests for medical assistance or hospital care, which were refused or ignored by the Doe defendants, and that these refusals caused him additional pain and injuries. ( Id. ¶¶ 28-31.)

As relevant to this motion, Wilburn asserts that CMC "had a contract with [the] County of Albany to provide medical services to the inmates of Albany County Correctional Facility." ( Id. ¶ 12.) Wilburn alleges that CMC "failed to adequately train and/or supervise its... employees... to provide necessary and adequate medical care and assistance and to avoid the harmful acts and omissions, negligence, and resultant damages" he alleges. ( Id. ¶ 37.) Wilburn commenced this action on November 22, 2013. ( See generally id. )

III. Standard of Review

The standard of review under Fed.R.Civ.P. 12(b)(6) is well settled and will not be repeated here. For a full discussion of the standard, the court refers the parties to its prior decision in Ellis v. Cohen & ...


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