Legal Opinion

Willey v. Kirkpatrick

District Court, W.D. New York

Decided October 13, 2009No. 07-CV-6484 CJSPublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

Plaintiff is a prison inmate in the custody of the New York State Department of Correctional Services (“DOCS”), and is suing various DOCS employees pursuant to 42 U.S.C. § 1983 for alleged constitutional violations. Now before the Court are the following applications: 1) a Motion to Dismiss/Motion for Judgment on the Pleadings [# 7] by Jeziorski, made pursuant to FRCP 12(b)(6) and 12(c); and 2) a Motion to Dismiss [# 15] by Kirkpatrick, Monahan, Kerney, Lambert, Roberts, Sztuk, Allessandro, Overhuff, and Sehoellkopf, made…

2Cases cited15 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Monroe v. PapeSupreme Court of the United States · 1961
  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.Court of Appeals for the Second Circuit · 2007
  5. Lloyd E. Boddie v. Officer B. Schnieder Officer D. Dewald Officer P. Robertson Sergeant K. Schmitt and Hearing Officer Mr. PicoCourt of Appeals for the Second Circuit · 1997

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3Cited by2 opinions

  1. Madison v. CrowleyDistrict Court, W.D. New York · 2020
  2. Thompson v. DooleyDistrict Court, D. South Dakota · 2017

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