Skakel v. Murphy

Filing 808

Case 3:07-cv-01625-PCD Document 17

Filed 05/29/08 Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BRISTOUT BOURGUIGNON PLAINTIFF V. COMMISIONER THERESA C. LANTZ, WARDEN DAVID STRANGE, LT. ALEXANDER, LT. KING, RICHARDSON B., CAPTAIN CRESTINIE, CAPTAIN DUMARS, PAT WOLLENHAUPT, SHEILA HUGHES DEFENDANTS : : : : : : : : : : : : : : PRISONER CIVIL NO. 3:02CV245(SRU)(WIG)

July 1, 2005

DEFENDANT'S MOTION TO DISMISS Pursuant to Rule 12(b)6) of the Federal Rules of Civil Procedure, the above named defendants respectfully submit this Motion to Dismiss the plaintiff's Complaint. The plaintiff pro se brought this Title 42 U.S.C. Section 1983 action against the defendants alleging that they violated his Eighth Amendment rights when they failed to protect him from assault by fellow inmates, and then were deliberately indifferent to his medical needs. The plaintiff has sued the defendants in their individual and official capacities, and is seeking money damages in the form of compensatory and punitive damages. However, because the plaintiff has not stated a valid claim upon which relief can be granted, his Complaint should be dismissed in its entirety and Judgment should be entered with prejudice in favor of the defendants.

Case 3:07-cv-01625-PCD Document 17

Filed 05/29/08 Page 2 of 2

DEFENDANTS COMMISIONER THERESA C. LANTZ, WARDEN DAVID STRANGE, LT. ALEXANDER, LT. KING, RICHARDSON B., CAPTAIN CRESTINIE, CAPTAIN DUMARS, PAT WOLLENHAUPT, AND SHEILA HUGHES RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

_____/s/___________________ Robert B. Fiske, III Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct17831 E-mail: [e-mail] Tel.: [phone] Fax: [phone]

CERTIFCATION I hereby certify that the following Motion to Dismiss and Memorandum in support thereof, was mailed to the following, this, the 1st day of July, 2005: Bristout Bourguignon, Inmate #265860 MacDougall-Walker Correctional Institution 1153 East Street South Suffield, CT 06080 /s/ ______ Robert B. Fiske, III Assistant Attorney General