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Slip Opinion
N.D.N.Y.
2013
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Background

  • Plaintiff Paul Smith, pro se, filed 42 U.S.C. §1983 and ADA claims in the Northern District of New York.
  • Defendants are G. Wilson, Dumas, and Lira, officials of DOCCS, sued for disability accommodations.
  • Defendants moved for summary judgment, arguing failure to exhaust and merits defenses, including qualified immunity.
  • Magistrate Judge Treece recommended dismissal on exhaustion and merits after considering evidence.
  • Plaintiff did not respond to the motion or Court communications regarding consequences of failure to respond.
  • Court adopted the magistrate’s Report in full, granting summary judgment and dismissing the action.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Exhaustion of administrative remedies for ADA claim ADA exhaustion not satisfied Plaintiff failed to exhaust before filing suit Exhaustion not satisfied; merits dismissal
Merits of ADA claim Defendants failed to provide reasonable accommodation No genuine dispute on material facts; no violation shown ADA claim dismissed on merits
Eighth Amendment cruel and unusual punishment claim Actions alleged as punishment violated Eighth Amendment No viable Eighth Amendment claim supported by evidence Eighth Amendment claim dismissed
First Amendment claim viability Constitutional rights violated by actions of defendants No actionable First Amendment interference shown First Amendment claim dismissed
Qualified immunity and summary judgment posture Defense should proceed to trial; contested facts Qualified immunity and merits support dismissal Summary judgment granted; case dismissed

Key Cases Cited

  • Cephas v. Nash, 328 F.3d 98 (2d Cir. 2003) (failure to object to magistrate report waives appellate review; notice requirements)
  • Frank v. Johnson, 968 F.2d 299 (2d Cir. 1992) (pro se notice and waiver of review requirements; Objecting rules)
  • Small v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989) (pro se pleading standards and review of magistrate decisions)
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Case Details

Case Name: Smith v. Wilson
Court Name: District Court, N.D. New York
Date Published: Sep 30, 2013
Citations: 2013 WL 5466857; 9:12-cv-01152
Docket Number: 9:12-cv-01152
Court Abbreviation: N.D.N.Y.
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