Defendant's Attorney: Frank L. LoTempio , III, David J. Pajak, Thomas A. Burns, David A. Rosenberg

Description: Rochester, New York civil rights lawyers represented the Plaintiff who sued the Defendants on a prisoner civil rights violation theory undeer 42 U.S.C. 1983.

Plaintiff Chiwana Crandell ("Plaintiff") brings this action pursuant to 42 U.S.C. § 1983, alleging that Department of Corrections and Community Supervision ("DOCCS") employees Kevin Ross and Gary Cooper, DOCCS Acting Commissioner Anthony J. Annucci, Albion Correctional Facility Superintendent Sheryl Zenzen, DOCCS supervisors Duante Artus and Leigh Collins, and John Does 1-10 violated her rights to due process and equal protection under the Fourteenth Amendment and her right to be free from cruel and unusual punishment under the Eighth Amendment. ECF No. 38.

Defendants Annucci, Zenzen, Artus, and Collins (hereinafter "Defendants")1 now move to dismiss the Second Amended Complaint2 for failure to state a claim pursuant to Federal Rule of Procedure ("Rule") 12(b)(6). ECF No. 47. The United States District Court for the Northern District of New York transferred the case to this Court and declined to reach the merits of the motion to dismiss. ECF No. 60. For the reasons that follow, the Court GRANTS Defendants' motion to dismiss.

Outcome:
10/11/2023 E-Filing Notification - Modified docket entry to indicate "without prejudice": 100 STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE. (KAH) (Entered: 10/11/2023)

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Defendant's Experts:

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