TAYLOR v. PLOUSIS, (D.N.J. 2000)

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Docket Number

CIVIL ACTION NO. 98-3035 (JEI).

Motions

Motion for summary judgment : Denied

Attorney(S)

GARY MITCHELL GASH, White Plains, New York, Counsel for Plaintiff. BUDD, LARNER, GROSS, ROSENBAUM, GREENBERG SADE, P.C., By: Susanna J. Morris, Esq., Cherry Hill, New Jersey, Counsel for defendants County of Cape May, James T. Plousis, Jean Crean, Lt. Thomas Shagren, and Lt. Edward J. Letts. MURPHY O'CONNOR, By: Stephan E. Siegrist, Esq., Haddonfield, New Jersey, Counsel for defendants Correctional Health Services, Inc., Dr. Angelique Beckett, Mary Franks, and Dr. Larry Pettis.

Judges

Joseph Eron Irenas

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ROBERT TAYLOR, Plaintiff, v. JAMES T. PLOUSIS, SHERIFF OF CAPE MAY COUNTY JAIL, WILLIAM H. FAUVER, COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS OF THE STATE OF NEW JERSEY, JOHN DOE, MEDICAL DIRECTOR AT THE CAPE MAY COUNTY JAIL, CORRECTIONAL MEDICAL SERVICES, JOHN AND JANE DOE, CHAIRMAN OF THE BOARD OF FREEHOLDERS, JOHN DOE, INMATE AT CAPE MAY COUNTY JAIL, DR. JANE AND JOHN DOE, DOCTORS AT CAPE MAY COUNTY JAIL, JOHN DOE, WARDEN AND ADMINISTRATOR AT CAPE MAY COUNTY JAIL, Defendants.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT

IRENAS, District Judge:

This matter having appeared before the Court upon the summary judgment motion of defendants County of Cape May, James T. Plousis, Jean Crean, Edward Letts, and Thomas Shagren, and the summary judgment motion of defendants Correctional Health Services, Inc., Dr. Larry Pettis, Dr. Angelique Beckett, and Mary Franks, and the Court having considered the submissions of the parties, for the reasons set forth in an Opinion issued by the Court, which findings of fact and conclusions of law are incorporated herein by reference, and for good cause appearing,

IT IS on this 20th day of June, 2000,

ORDERED THAT:

1. Defendants', County of Cape May, Plousis, Crean, Letts, and Shagren, motion for summary judgment is GRANTED as to plaintiff's claims under § 1983 against defendant the County of Cape May;

2. Defendants', County of Cape May, Plousis, Crean, Letts, and Shagren, motion for summary judgment is GRANTED as to plaintiff's claims under § 1983 against defendant Crean;

3. Defendants', County of Cape May, Plousis, Crean, Letts, and Shagren, motion for summary judgment is GRANTED as to plaintiff's claims under § 1983 against defendant Letts;

4. Defendants', County of Cape May, Plousis, Crean, Letts, and Shagren, motion for summary judgment is DENIED as to plaintiff's claims under § 1983 against defendant Shagren;

5. Defendants', Correctional Health Services, Inc., Dr. Pettis, Dr. Beckett, and Mary Franks, motion for summary judgment is GRANTED as to plaintiff's claims under § 1983 against defendant Correctional Health Services, Inc.;

6. Defendants', Correctional Health Services, Inc., Dr. Pettis, Dr. Beckett, and Mary Franks, motion for summary judgment is GRANTED as to plaintiff's claims under § 1983 against defendant Pettis;

7. Defendants', Correctional Health Services, Inc., Dr. Pettis, Dr. Beckett, and Mary Franks, motion for summary judgment is DENIED as to plaintiff's claims under § 1983 against defendant Beckett;

8. Defendants', Correctional Health Services, Inc., Dr. Pettis, Dr. Beckett, and Mary Franks, motion for summary judgment is DENIED as to plaintiff's claims under § 1983 against defendant Franks;

9. The summary judgment motion of all defendants is GRANTED with respect to plaintiff's § 1983 claims based upon the October 7, 1997 assault;

10. Plaintiff's Second Claim for Relief in his Amended Complaint is DISMISSED WITH PREJUDICE;

11. Remaining in this case are plaintiff's claim under § 1983 against defendants Beckett, Shagren and Franks.

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