Gomez v. Coughlin

ROBERT J. WARD, District Judge.

Plaintiff Walter Gomez, an inmate presently incarcerated at Washington Correctional Facility, commenced this pro se action under 42 U.S.C. § 1983 and has moved for summary judgment pursuant to Rule 56, Fed.R.Civ.P. Defendants Commissioner Coughlin, Lieutenant Stow and Sergeant Kieman have moved for an order dismissing the complaint pursuant to Rules 12(b)(1), (b) (6), (c) and (h), Fed.R.Civ.P. or, alternatively, for summary judgment pursuant to Rule 56, Fed.R.Civ.P. For the reasons that follow, plaintiff’s motion for summary judgment is denied and defendants’…