Lewis v. Johnston et al

Filing 144

DECISION AND ORDER: the 139 Report and Recommendations is adopted. ORDERED that Defendants' motion for summary judgment (Dkt. No.59) is DENIED as to (1) Plaintiff's Eighth Amendment claims based on excessive force and/or failure to inter vene against defendants Secore, Favro, and Norcross; and (2) the Eighth Amendment claims based on excessive force against Defendant Reardon. In all other respects, Defendants' motion for summary judgment is GRANTED and the Complaint is dismissed in its entirety as to all other claims against all defendants. Signed by Senior Judge Thomas J. McAvoy on 9/20/10. {order served via regular mail on all non-ecf parties}(nas)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------MARC LEWIS, Plaintiff, v. J. JOHNSON, et al., Defendants. -------------------------------THOMAS J. McAVOY Senior United States District Judge DECISION and ORDER This matter brought pursuant to 42 U.S.C. § 1983 was referred to the Hon. Andrew T. Baxter, United States Magistrate Judge, for a Report-Recommendation pursuant to 28 U.S.C. § 636(b) and Local Rule 72.3(c). No objections to the August 5, 2010 Report-Recommendation have been raised. After examining the record, this Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice. Accordingly, this Court adopts the Report-Recommendation for the reasons stated therein. It is, therefore, ORDERED that Defendants' motion for summary judgment (Dkt. No. 59) is DENIED as to (1) Plaintiff's Eighth Amendment claims based on excessive force and/or failure to intervene against defendants Secore, Favro, and Norcross; and (2) the Eighth Amendment claims based on excessive force against Defendant Reardon. In all other respects, Defendants' motion for summary judgment is GRANTED and the Complaint is dismissed in its entirety as to all other claims against all defendants. 08-CV-0482

IT IS SO ORDERED. Dated:Septem ber 20, 2010

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