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Green v. Leubner

United States District Court, N.D. New York
Sep 22, 2009
9:07-CV-01035 (LEK/DEP) (N.D.N.Y. Sep. 22, 2009)

Summary

describing how a failure-to-protect claim requires a prison official to have "sufficient culpable intent," which occurs when the official has "knowledge that an inmate faces a risk of serious harm and . . . disregards that risk by failing to take reasonable measures to abate the harm"

Summary of this case from Sheffer v. Corr. Officer Fleury

Opinion

9:07-CV-01035 (LEK/DEP).

September 22, 2009


DECISION AND ORDER


This matter comes before the Court following a Report-Recommendation filed on September 1, 2009, by the Honorable David E. Peebles, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b) and L.R. 72.3(c) of the Northern District of New York. Report-Rec. (Dkt. No. 25).

Within ten days, excluding weekends and holidays, after a party has been served with a copy of a Magistrate Judge's Report-Recommendation, the party "may serve and file specific, written objections to the proposed findings and recommendations," FED. R. CIV. P. 72(b), in compliance with L.R. 72.1. No objections have been raised in the allotted time with respect to the Report-Recommendation filed by Judge Peebles. Furthermore, after examining the record, the Court has determined that the Report-Recommendation is not subject to attack for plain error or manifest injustice.

Accordingly, it is hereby

ORDERED, that the Report-Recommendation (Dkt. No. 25) is APPROVED and ADOPTED in its ENTIRETY; and it is further ORDERED, that Defendants' Motion for summary judgment (Dkt. No. 21) is GRANTED and Plaintiff's Complaint (Dkt. No. 1) is DISMISSED; and it is further

ORDERED, that the Clerk serve a copy of this Order on all parties.

IT IS SO ORDERED.


Summaries of

Green v. Leubner

United States District Court, N.D. New York
Sep 22, 2009
9:07-CV-01035 (LEK/DEP) (N.D.N.Y. Sep. 22, 2009)

describing how a failure-to-protect claim requires a prison official to have "sufficient culpable intent," which occurs when the official has "knowledge that an inmate faces a risk of serious harm and . . . disregards that risk by failing to take reasonable measures to abate the harm"

Summary of this case from Sheffer v. Corr. Officer Fleury

dismissing a deliberate indifference claim against officers where the officers "were not present at the time of the verbal confrontation, and there is no suggestion of any prior history between the plaintiff and [his assailant] that might have led to cause for concern"

Summary of this case from Townsend v. Muckle
Case details for

Green v. Leubner

Case Details

Full title:JOHN F. GREEN, Plaintiff, v. L. LEUBNER, Sgt., Auburn Correctional…

Court:United States District Court, N.D. New York

Date published: Sep 22, 2009

Citations

9:07-CV-01035 (LEK/DEP) (N.D.N.Y. Sep. 22, 2009)

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