Legal Opinion

Wesolowski v. Harvey

District Court, W.D. New York

Decided March 31, 2011No. 02-CV-6320LPublishedCited by 5 opinions

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff Robert Wesolowski (“Wesolowski”), commenced this action, pro se, against the Superintendent and a physician at Southport Correctional Facility. Wesolowski claims that he was denied his rights under the Eighth Amendment of the United States Constitution because he was subjected to cruel and unusual punishment based on the lack of dental care when he was incarcerated. Defendants have moved for summary judgment dismissing the complaint, on the grounds that Wesolowski has failed to state, and/or cannot meet his burden to demonstrate,…

2Cases cited6 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Huey B. Wright v. Harold Smith and Thomas A. Coughlin, IIICourt of Appeals for the Second Circuit · 1994
  3. Colon v. CoughlinCourt of Appeals for the Second Circuit · 1995
  4. Chance v. ArmstrongCourt of Appeals for the Second Circuit · 1998
  5. Reyes v. GardenerCourt of Appeals for the Second Circuit · 2004

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3Cited by5 opinions

  1. Beaman v. UngerDistrict Court, W.D. New York · 2011
  2. Burns v. LupisDistrict Court, D. Connecticut · 2024
  3. D.C., an infant by his mother and natural guardian, Tie’Anna Collins, TIE’ANNA COLLINS, individually, and TOAJACK BROWN, individually and as the Proposed Administrator of the Estate of Tahlil Brown v. ELDRED CENTRAL SCHOOL DISTRICT, TRACI FERREIRA, and MONIQUE-GALE MESSINADistrict Court, S.D. New York · 2025
  4. Jay v. VenetozziDistrict Court, W.D. New York · 2020
  5. Rodriguez v. ConwayDistrict Court, W.D. New York · 2011

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