TORRES et al v. GIROUX et al

Filing 59

ORDER granting in part and denying in part 53 Motion to Dismiss for Failure to State a Claim; adopting re 58 Report and Recommendations. Plaintiffs claims against all Defendants in their official capacities are DISMISSED.Plaintiffs Eighth Amendm ent claim against Defendants Bashor, Phillips, Arnold, Putman, Brown, Mulligan, Newell, Walters, and DiRaimo is DISMISSED. Plaintiffs Fourteenth Amendment claim against all Defendants is DISMISSED. Defendants motion to dismiss Plaintiff Torress retal iation claim against Basher, Phillips, Walters, Arnold, Putman, Brown, Mulligan, and Newell is DENIED.Defendants Pernell, Fitzgerald, Scutella, Martin, Giroux, Clark, Smith, Adams, and Szelewski are TERMINATED from this case. The Clerk shall send copies of this Order to the parties. Signed by Judge Barbara Rothstein on 7/12/2017. (nk)

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