Shariff, et al v. Coombe, et al

Filing 100

OPINION & ORDER:#97857 For reasons further set forth in said Order, Defendants' Motion for Partial Summary Judgment is GRANTED in part and DENIED in part. Plaintiffs' claims pursuant to 42 USC § 1983 based on the Eighth Amendment are D ISMISSED with the exception of Plaintiffs' claim regarding the accessibility of the Green Haven restrooms. Plaintiffs' claims based on the Fourteenth Amendment are DISMISSED in their entirety. The Court reserves decision on Defendants' request for summary judgment on Plaintiffs' First Amendment claim until the Court receives the above-directed briefing on this issue. Plaintiffs' claims for money damages under Title II of the ADA and § 504 of the Rehabilitation Act a re DISMISSED. All claims for injunctive relief asserted by Plaintiffs Shariff and Gowins are DISMISSED. Plaintiffs' claims for injunctive relief with respect to the condition of the C&D yards, the accessibility of telephones and water fountains throughout the facility, and the accessibility of the auditorium throughout the facility, and the accessibility of the auditorium restrooms are DISMISSED. Thus, the only claims that remain part of this litigation are: (1) all Plaintiffs' claims under the Eighth Amendment for money damages based on the accessibility of the Green Haven restrooms; (2) Plaintiffs' claims under the First Amendment; and (3) Plaintiff Stephenson's claims for injunctive relief under the ADA and Rehabilita tion Act with respect to the following conditions: (a) the condition of Fay Field; (b) the condition of the visiting-room yard; and (c) the accessibility of bathrooms (with the exception of the auditorium bathrooms) throughout Green Haven. The Partie s are additionally directed to submit a Joint Pre-Trial Order to the Court for trial as to Plaintiffs' remaining claims for injunctive relief and damages within thirty days of the date of issuance of the Court's decision on Plaintiffs' First Amendment Claim. 65 MOTION (FILED ON SERVICE DATE) to Dismiss. MOTION (FILED ON SERVICE DATE) for Partial Summary Judgment. MOTION (FILED ON SERVICE DATE) to Dismiss. (Signed by Judge Barbara S. Jones on 8/7/09) (db) Modified on 8/11/2009 (jab).