Hilbert v. Fischer et al

Filing 98

OPINION AND ORDER granting 65 FIRST MOTION to Dismiss filed by Ronald Kutz, Mark Royce, Patrick Rogers, Jeffrey Lamay, Timothy Gotsch, William Lee, Keith Sposato, Pawla Zwillinger, Michael Surprenant, William Plimley, Stephen Brandow, Patrick Kowal uchuk, Pushpa Patil, Eward Burnett, Jackie Morlas, Brian Fischer, Jennifer Edwards, Andy Miller, F.N.U. Brothers, F.N.U. Hannd, Kevin O'Connor, Michael Connelly, Gerald Tillotson, Kathaleen Panuto, terminating 77 MOTION for an Order pursuant to Rule 7(b) of the Federal Rule of Civil Procedure granting a trial concerning the complaint brought by the plaintiff filed by Stanley Hilbert. Defendants' partial motion to dismiss is GRANTED. Accordingly, Plaintiffs First Cause of Action fo r Deliberate Indifference to an Inmate's Medical Needs in Violation of the Eighth and Fourteenth Amendments is DISMISSED with prejudice. The only remaining claims are those for unnecessary and excessive use of force in violation of the Eighth A mendment; violations of the Americans with Disabilities Act; and violations of the Rehabilitation Act. The only remaining Defendants in this action are Surprenant, Tillitson, Brothers, Krein, Kowalchuk, and Rodriguez. The Clerk of the Court is respectfully directed to terminate the motions. Docs. 65, 77. The parties are directed to appear for a status conference on October 2, 2013 at 9:30am. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 9/4/2013) (ft)