Rivera v. Lempke
District Court, W.D. New York
1Opinion of the Court
DECISION AND ORDER
DAVID G. LARIMER, District Judge.
Plaintiff, Robert Rivera, appearing pro se, filed this action under 42 U.S.C. § 1983. Plaintiff, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”), has sued eight defendants, all of whom were at all relevant times employed by DOCS, alleging that they violated his constitutional rights in connection with certain incidents in 2007, while plaintiff was confined at Five Points Correctional Facility. Defendants have moved to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil…
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