WEBB v. GOORD

No. 99 CIV. 10394(VM).

192 F.Supp.2d 208 (2002)

Michael WEBB, Donyell Beckwith, Willie Bradley, Mariano Cappelanmena, Timothy Collier, Steven Corbett, Rene Ellis, Leon Hardy, Tommy Jackson, Jr., Jeffrey McNeil, Brian Morgan, Jimmy Ramos, Shaka Reynolds, Eric Smith, Angel Valentine, James Walls, Edward Walsh, Sam Waters, Richard Weatherly, Harry Williams, Rodney Wright, Herbert Burgess, Manny Cabassa, Andres Chaparro, Shawn Cornwall, Gerald Derosse, Michael McKenzie, Daniel Morales, Thomas Murphy, Cornelius Ricks, and George Simmons, Plaintiffs, v. Glenn S. GOORD, Individually and as Commissioner of the New York State Dept. of Correctional Services; Dr. Lester Wright, Individually and as Associate Commissioner for Health Services of the New York State Dept. of Correctional Services; Frank Headley, Individually and as Superintendent of the Arthur Kill Correctional Facility; Daniel Senkowski, Individually and as Superintendent of the Clinton Correctional Facility; Charles Greiner, Individually and as Superintendent of the Sing Sing Correctional Facility; Earl Couture, Individually and as Superintendent of the Gouverneur Correctional Facility; Michael Mcginnes, Individually and as Superintendent of the Southport Correctional Facility; Edward Reynolds, Individually and as Superintendent of the Mohawk Correctional Facility; Robert Kuhlmann, Individually and as Superintendent of the Sullivan Correctional Facility; Melvin L. Hollins, Individually and as Superintendent of the Oneida Correctional Facility; Mr. Connelly, as Deputy of Security of Sing Sing Correctional Facility; Mr. Gebber, as Correctional Counsel of Sing Sing Correctional Facility; Peter Lacy, Individually and as Superintendent of the Bare Hill Correctional Facility; Brian Malone, as Inspector General of Docs; Sgt. Berios; Netti Condell, Correction Counselor, Joseph Mccoy, Individually and as Superintendent of the Cayuga Correctional Facility; Sgt. Huggins; Sgt. Blankenship; Officer Daniel Crumb; Officer Putnam; Officer John Doe Kelly of E-2 Unit; Officer Wein; Officer Foster; Lt. Caldwell; Sgt. Bishop; Deputy Superintendent Connelly; Lt. Sherman, Lt. Farrel; Sgt. Vaughn; Correction Officer Hood; Charles Dufrain, Individually and as Superintendent of the Franklin Correctional Facility; Mr. Sweeney, as Deputy Superintendent of Security at the Gouverneur Correctional Facility; Captain Rabsatt; Sgt. Bourgal; Correction Officer R. Nagle; Correction Officer T. Link; Correction Officer J. Marnell; Correction Officer S. Strader; Correction Officer S. Stewart; Correction Officer M. Kiesznosk; Correction Officer Carey; Correction Officer Norman; Correction Officer Robert Pierce; Correction Officer Carey; Correction Officer Norman; Correction Officer Reif; Correction Officer Theabold; Correction Officer Honsky; Correction Officer Begin; Correction Officer D. Devito; Correction Officer Flint; Correction Officer Sweeny; Correction Officer Sgt. Bishop; Correction Officer Lt. Huckeba; Correction Officer P. Perry; Correction Officer T. Beck; Correction Officer Stevenson; Correction Officer Jordan; Correction Officer Nelson; Correction Officer Burlingame; Lt. Almstead; Correction Officer Stephen Martin; Correction Officer K. Ramsey; Correction Officer John Goeis; and Correction Officers John Doe # 1—100 whose true names are unknown to plaintiffs, Correction Officer E. Cruz; Correction Officer T. Wilson; Correction Officer "John" Woodley; Correction Officer "John" Wygate; Edward Donnelly, Individually and as Superintendent of the Wende Correctional Facility; Christopher Aruz, Individually and as Superintendent of the Greenhaven Correctional Facility; and Floyd Bennett, Individually and as Superintendent of the Elmira Correctional Facility, Defendants.

United States District Court, S.D. New York.

March 28, 2002.


Attorney(s) appearing for the Case

Paul E. Kerson, John F. Duane, Leavitt, Kerson & Leffer, New York City, for Plaintiffs.


DECISION AND ORDER

MARRERO, District Judge.

Defendants, including seventy-two named and one hundred unnamed parties, move to dismiss the Second Amended Complaint in this action brought by thirty-one plaintiffs, all current inmates, with the exception of one former prisoner, in various correctional facilities throughout New York State. For the reasons set forth below, the motion to dismiss is granted...

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