SYKES v. McPHILLIPS

No. 5:04-CV-68.

412 F.Supp.2d 197 (2006)

Simone SYKES, Individually, and as Administrator of the Estate of Angelo L. Purnell; and Winifred McClarin, as Administrator of the Estate of Hattie Purnell, Plaintiffs, v. John McPHILLIPS, Facility Health Services Director, Hale Creek Alcohol and Substance Abuse Correctional Treatment Center ("Hale Creek"); Dawn Goes, R.N., f/k/a John or Jane Doe (M.D.# 1); Peter Hickey, R.N., f/k/a John or Jane Roe (M.D.# 2); John McPhillips, R.N., f/k/a John or Jane Soe (M.D.# 3); Barbara Flansburg, R.N.; Nathan Littauer Hospital and Nursing Home; and Albert Jagoda, M.D., Defendants.

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

January 26, 2006.


Attorney(s) appearing for the Case

Koob & Magoolaghan, Elizabeth L. Koob, Joan Magoolaghan, Keith M. Donoghue, of counsel, New York, New York, for Plaintiffs.

O'Connor O'Connor Bresee & First, PC, Justin O. Corcoran, of counsel, Albany, New York, for Defendants John McPhillips and Albert Jagoda, M.D.

Hon. Eliot Spitzer, Attorney General of the State of New York, Department of Law, Stephen M. Kerwin, Asst. Attorney General, of counsel, Albany, New York, for Defendants John McPhillips, Dawn Goes, Peter Hickey, John McPhillips, R.N., and Barbara Flansburg.

Carter Conboy Case Blackmore Maloney & Laird, PC, William J. Decaire, William D. Yoquinto, of counsel, Albany, New York, for Defendant Nathan Littauer Hospital and Nursing Home.


MEMORANDUM DECISION and ORDER

HURD, District Judge.

I. INTRODUCTION

Simone Sykes and Winifred McClarin (collectively "plaintiff"), are representatives of Angelo Purnell's ("decedent") estate, and his mother's estate respectively. Plaintiff brings this action pursuant to 42 U.S.C. § 1983 ("§ 1983") alleging constitutional violations arising from the delivery of emergency medical services during the decedent's incarceration...

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