Legal Opinion
Downey v. Sheahan
District Court, W.D. New York
Decided October 6, 2015No. 15-CV-6129LPublished
1Opinion of the Court
DECISION AND ORDER
DAVID G. LARIMER, District Judge.
Plaintiff, Kevin Downey, commenced this action under 42 U.S.C. § 1983. Plaintiff, who is represented by counsel, has sued four individuals, all of whom of alleged to be employed at New York’s Five Points Correctional Facility (“Five Points”), violated his constitutional rights by causing him to serve a sentence of incarceration for' five days longer than he should have. Defendants have moved to dismiss the complaint for failure to state a claim upon which relief can be granted, pursuant to Rule 12(b)(6) df the Federal Rules of Civil Procedure.
2Cases cited5 opinions
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Bennie F. Calhoun v. New York State Division of Parole Officers: J. McQuire Ted Clark R. White and G. SternCourt of Appeals for the Second Circuit · 1993
- Gilblom v. GillipsieCourt of Appeals for the Third Circuit · 2011
- Brunson v. DuffyDistrict Court, S.D. New York · 2014
- Aguirre v. KendraDistrict Court, W.D. New York · 2015