Slacks v. Gray et al

Filing 54

MEMORANDUM-DECISION AND ORDER: ORDERED, that the 52 Report and Recommendation is adopted in full. ORDERED, that defendants' 48 Motion for Summary Judgment is granted and the action is dismissed with prejudice. Signed by Chief Judge Norman A. Mordue on 9/28/09. (Memorandum-Decision and Order served on plaintiff by regular mail) (alh, )

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK gggggggggggggggggggggggggggggggggggggggggggggggggggggggg RUBEN SLACKS, Plaintiff, -vGRAY, Correctional Officer, Eastern NY Correctional Facility;C.O. FARRELL; C.O. HAUCK; SGT. FISCHER; R.N. ANTHONY, N 9:07-CV-510 (NAM/GJD) Defendants. gggggggggggggggggggggggggggggggggggggggggggggggggggggggg APPEARANCES: Ruben Slacks 92A6182 Eastern New York Correctional Facility Box 338 Napanoch, New York 12458-0338 Plaintiff, Pro Se Andrew M. Cuomo, Attorney General of the State of New York Christina L. Roberts-Ryba, Esq., Assistant Attorney General The Capitol Albany, New York 12224-0341 Attorneys for Defendants A M Hon. Norman A. Mordue, Chief U.S. District Judge: MEMORANDUM-DECISION AND ORDER Plaintiff, an inmate in the custody of the New York State Department of Correctional Services, brought this action under 42 U.S.C. 1983 for civil rights violations stemming from an alleged assault by defendants Gray, Farrell, and Fischer. Plaintiff claims that defendant Hauck was present during the assault but failed to intervene. Plaintiff also claims he was denied medical care by defendant Nurse Anthony, was deprived of clothing and toilet paper overnight, and was later improperly charged with misbehavior to cover up the assault. Defendants moved (Dkt. No. 48) for summary judgment dismissing the action. Upon referral pursuant to 28 U.S.C. 636(b)(1)(B) and Local Rule 72.3(c), United States Magistrate Judge Gustave J. DiBianco issued a Report and Recommendation (Dkt. No. 52) recommending that the motion be granted in its entirety. Plaintiff has submitted an objection (Dkt. No. 53). In view of the breadth of plaintiff's objections, the Court conducts a de novo review of all issues pursuant to 28 U.S.C. 636(b)(1)(C). A party moving for summary judgment bears the initial burden of demonstrating that there is no genuine issue of material fact and that it is entitled to judgment as a matter of law. Fed. R. Civ. P. 56 (c); see Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). If the Court, viewing the evidence in the light most favorable to the nonmovant and drawing all reasonable inferences in nonmovant's favor, determines that the movant has satisfied this burden, the burden then shifts to the nonmovant to adduce evidence establishing the existence of a genuine issue of material fact requiring a trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986). A genuine issue of material fact exists if the evidence is such that "a reasonable [factfinder] could return a verdict for the nonmoving party." Id. at 248. If the nonmovant fails to carry this burden, summary judgment is appropriate. See Celotex, 477 U.S. at 323-24. M A N Through consistent evidence, including medical records and defendants' declarations, defendants have carried their initial burden of showing that there is no genuine issue of material fact and they are entitled to judgment as a matter of law. Although plaintiff disputes some of defendants' evidence, the Court agrees with Magistrate Judge DiBianco that this is one of the rare cases in which plaintiff's allegations throughout the record are so inconsistent that no reasonable -2- factfinder could find in his favor. Plaintiff gives multiple versions of the events in his disciplinary hearing testimony, his grievance, his interview in connection with the grievance investigation, his complaint in the instant action, his deposition in the instant action, and his interview with a psychologist from the Office of Mental Health which are so inconsistent and contradictory that no reasonable juror could believe them. Further, plaintiff's allegations are contradicted by the portions of the medical records that plaintiff does not dispute. Viewing the evidence in the light most favorable to plaintiff and drawing all reasonable inferences in his favor, the Court determines that no reasonable juror could return a verdict for plaintiff. Thus, plaintiff has failed to adduce evidence establishing the existence of a genuine issue of material fact requiring a trial. It is therefore ORDERED that the Report and Recommendation of United States Magistrate Judge Gustave J. DiBianco (Dkt. No. 52) is adopted in full; and it is further ORDERED that defendants' motion (Dkt. No. 48) for summary judgment is granted and the action is dismissed with prejudice. IT IS SO ORDERED. September 28, 2009 Syracuse, New York M A N -3-

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