Robinson v. Ballard et al

Filing 66

DECISION AND ORDER: ORDERED that the Report-Recommendation, dkt. # 65 , is hereby ADOPTED. The Defendants' motion for summary judgment, dkt. # 51 , is hereby GRANTED IN PART and DENIED IN PART, as follows: 1. The motion is GRANTED with resp ect to Defendants McArdle, Corey, and Kalies; 2. The motion is DENIED WITHOUT PREJUDICE as to the defense of qualified immunity of Defendants Hilton, Bellnier and Harper; and 3. The motion is DENIED in all other respects. Signed by Senior Judge Thomas J. McAvoy on 3/10/17. {order served via regular mail on plaintiff}(nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

RENDELL ROBINSON,
Plaintiff,
v.

9:13-cv-1213
(TJM/TWD)

LORENZO A. BALLARD, et al.,
Defendants.

Thomas J. McAvoy, SR. U.S.D.J.

DECISION and ORDER
The Court referred this action alleging excessive force by prison officers, brought
pursuant to 42 U.S.C. § 1983, to the Hon. T hérèse Wiley Dancks, United States
Magistrate Judge, for a Report and Recommendation pursuant to 28 U.S.C. § 636(b) and
Rule 72.3(d) of the Local Rules of the Northern District of New York. Plaintiff alleges that
the Defendants are liable to him for excessive force and failing to intervene during an
incident at the Marcy Correctional Facility on July 14, 2010. The ReportRecommendation, dated February 3, 2017, found that Defendants’ motion for summary
judgment should be granted in part and denied in part.
Neither side filed objections to the Report-Recommendation and the time for filing
such objections has passed. After examining the record, this Court has determined that
the Report-Recommendation is not subject to attack for plain error or manifest injustice.
Accordingly:
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The Report-Recommendation, dkt. # 65, is hereby ADOPTED. The Defendants’
motion for summary judgment, dkt. # 51, is hereby GRANTED IN PART and DENIED IN
PART, as follows:
1. The motion is GRANTED with respect to Defendants McArdle, Corey, and
Kalies;
2. The motion is DENIED WITHOUT PREJUDICE as to the defense of qualified
immunity of Defendants Hilton, Bellnier and Harper; and
3. The motion is DENIED in all other respects.

IT IS SO ORDERED

Dated:March 10, 2017

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