Buffington v. O'LEARY

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

Plaintiff Roderick Buffington brings this action under 42 U.S.C. § 1983 alleging that the conditions in X-House at Stateville Correctional Center where he was confined from June 20, 1989, to November 2, 1989, violated his Eighth and Fourteenth amendment rights. Before the court is defendant Michael O’Leary’s motion to dismiss the complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the following reasons, defendant’s motion is granted in part and denied in part.

A.Standard of Review

A claim may be dismissed under Rule…