Legal Opinion
Elbert v. New York State Department of Correctional Services
District Court, S.D. New York
Decided September 30, 2010No. 7:08-cv-10998PublishedCited by 62 opinions
1Opinion of the Court
OPINION AND ORDER
KENNETH M. KARAS, District Judge:
Plaintiff Juanita Elbert (“Plaintiff”) brings this action against the New York State Department of Correctional Services (“Defendant”), as proposed administratrix for the estate of her son, Anthony P. Elbert (“Decedent”). Plaintiff sues under 42 U.S.C. § 1983 (“§ 1983”), asserting violations of the Eighth and Fourteenth Amendments, as well as Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq. Defendant has moved to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). For the reasons…
2Cases cited30 opinions
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- Pennsylvania Department of Corrections v. YeskeySupreme Court of the United States · 1998
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3Cited by62 opinions
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