Date: 10-18-2024

Case Style:

Clarence Stevenson, et al. v. The County of Orange, et al.

Case Number: 23-CV-6959

Judge: Nelson S. Roman

Court: United States District Court for the Southern District of New York

Plaintiff's Attorney:

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Defendant's Attorney: New York Attorney General's Office

Description:

New York City, New York personal injury civil rights lawyers represented the Plaintiff.

Plaintiff, Clarence Stevenson, as Administrator of the Estate of Michael Anthony Stevenson, deceased, and Clarence Stevenson, individually (“Plaintiffs”), brings this action under 42 U.S.C. § 1983, asserting claims of constitutionally inadequate medical care under the Fourteenth Amendment, as well as a claim of respondeat superior against various supervisors and officials, and a single state law claim of pain and suffering. (See Amended Complaint (“Amend. Compl.”, ECF No. 32.) Plaintiffs sue staff members employed by the Orange County Correctional Facility including Adrienne Cupertino (RN), Christina Savant (Supervisor), Elizabeth Ward (Supervisor), Tasha Juracek (RN), Natasha Girard (RN), Brendon Barclay (RN), as well the Orange County Sheriff, Paul Arteta, and Orange County itself as a municipality (Collectively, “Defendants”).

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Stevenson v. The Cnty. of Orange, 23-CV-6959 (NSR) (S.D. N.Y. Oct 18, 2024)

Outcome:
For the foregoing reasons, the Defendants' motion to dismiss the Amended Complaint is GRANTED and all claims are dismissed without prejudice. Plaintiff is granted leave to file a Second Amended Complaint as to any claims that have not been dismissed with prejudice. If Plaintiff chooses to do so, Plaintiff will have until November 29, 2024, to file a Second Amended Complaint. The Defendants are then directed to answer or otherwise respond by December 23, 2024.

If Plaintiff fails to file a Second Amended Complaint within the time allowed, and he or she cannot show good cause to excuse such failure, any claims dismissed without prejudice by this Order will be deemed dismissed with prejudice.

The Clerk of Court is kindly directed to terminate the motion at ECF No. 36.

Plaintiff's Experts:

Defendant's Experts:

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