Riley v. Coutu

MEMORANDUM OPINION AND ORDER

NEWBLATT, Senior District Judge.

I. Background

On July 16, 1993, defendant Leo Coutu filed his first motion to dismiss or for summary judgment in this case. That motion was fully briefed and a Report and Recommendation was entered by Magistrate Judge Marc L. Goldman on March 8, 1994. In his Report, the Magistrate Judge addressed whether prisoner-plaintiff Jimmie Lee Riley’s civil rights claims could withstand dismissal or summary judgment under Fed.R.Civ.P. 12(b)(6) and 56(c). The Magistrate Judge summarized the facts of the case as follows:

This is a prisoner civil…