Legal Opinion

Allen v. Wende

District Court, W.D. New York

Decided November 19, 2009No. 6:09-cr-06203PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff, Larry Allen, appearing pro se, commenced this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”), alleges that his constitutional rights have been violated in a number of respects by defendants, all of whom were at all relevant times officials or employees of DOCS.

Two of the four defendants, Kirkpatrick and Ford, have moved to dismiss the complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) of the Federal…

2Cases cited7 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Willie Smith v. Nurse Carpenter, Superintendent Wilkinson, Superintendent at Pharsalia Corr. FacilityCourt of Appeals for the Second Circuit · 2003
  3. Hathaway v. CoughlinCourt of Appeals for the Second Circuit · 1994
  4. McCall v. PatakiCourt of Appeals for the Second Circuit · 2000
  5. Caiozzo v. KoremanCourt of Appeals for the Second Circuit · 2009

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3Cited by1 opinion

  1. Barnes v. FedeleDistrict Court, W.D. New York · 2011

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