ROSARIO et al v. THE STATE OF NEW JERSEY et al

Filing 14

ORDER granting in part and denying in part 8 Motion to Dismiss ; granting in part and denying in part 8 Motion for Summary Judgment. Signed by Judge Katharine S. Hayden on 1/16/14. (rg, )

United States District Court
for the District Of New Jersey

JAMES ROSARIO
Plaintiff,
v.

Civil No.: 13-4380 (KSH)

THE STATE OF NEW JERSEY;
DEPARTMENT OF CORRECTIONS OF THE
STATE OF NEW JERSEY; COMMISSIONER
GARY M. LANIGAN; WARDEN PAUL
LAGANA; C.O. SAUNDERS; C.O. DASHER;
C.O. HAWKINS; JOHN DOES 1-10

Order

Defendants.

And now, for the reasons set forth in the accompanying opinion,
IT IS, on this 16th day of January, 2014,
ORDERED that the motion to dismiss/for summary judgment [D.E. 8] is GRANTED
IN PART and DENIED IN PART:


Counts five, six, and eight are dismissed;



The claims against the State, the Department of Corrections, and Lagana in his
official capacity are dismissed in their entirety;



The claims against Lagana in his individual capacity are dismissed and as to
those claims only, plaintiff is permitted to file an amended complaint on or
before January 27, 2014.



Defendants’ motion is denied in all other respects;



Defendants’ motion for summary judgment as to certain claims is denied;



No further motion practice will be permitted pending further order of the Court.



The parties are directed to appear on March 24, 2014 before Magistrate Judge
Cathy Waldor for the scheduled Rule 16 conference.

/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.