Campbell v. Patterson
Campbell v. Patterson
Opinion of the Court
OPINION
Plaintiff, incarcerated at Eastern New York Correctional Facility (“Eastern New York”), appearing pro se, brings this suit in behalf of himself and “all others similarly situated presently and previously confined as inmates in the Eastern N.Y. Correctional Facility,” alleging violations of their rights under the Constitution of the United States, especially the Eighth and Fourteenth Amendments, and 42 U.S.C., section 1983. The defendants are the Superintendent and the Deputy Superintendent; a physician; a head nurse and a correction officer, all employed at Eastern New York. Plaintiff’s complaints are, essentially, that defendants have “subjected inmates to degrading and inhuman treatment, in violation of the Eighth and Fourteenth Amendments,” “denied adequate medical care and treatment to inmates, in violation of the Eighth and Fourteenth Amendments,” and “discriminated against inmates because they are black, in violation of the Fourteenth Amendment.”
Plaintiff moves for a preliminary injunction dealing chiefly with the
Finally, there is no basis for granting preliminary injunctive relief against alleged harassing or retaliatory actions by the defendants against plaintiff and others who support his suit. Plaintiff was transferred previously to another facility for diagnostic evaluation following an extensive history of neurological complaints. He has since been returned to Eastern New York and there is no support for any claim that the defendants intend to transfer him to another institution for retaliatory purposes. Under all the circumstances, the motion for preliminary injunctive relief is denied.
Plaintiff’s motion for the appointment of counsel is denied in the exercise of discretion,
In addition to opposing plaintiff’s motion, defendants move to dismiss the complaint or for summary judgment. The only claims made by plaintiff with the requisite degree of specificity deal with his medical treatment; his other allegations are vague and conclusory and do not set forth a claim for relief.
Plaintiff’s motions are denied. Defendants’ motion to dismiss the complaint is granted.
. See United States ex rel. Hyde v. Mc-Ginnis, 429 F.2d 864 (2d Cir. 1970); Church v. Hegstrom, 416 F.2d 449 (2d Cir. 1969); cf. Martinez v. Mancusi, 443 F.2d 921 (2d Cir. 1970), cert. denied, 401 U.S. 983, 91 S.Ct. 1202, 28 L.Ed.2d 335 (1971).
. Pride v. Community School Board, 482 F.2d 257, 264 (2d Cir. 1973); Stark v. New York Stock Exchange, Inc., 466 F.2d 743, 744 (2d Cir. 1972).
. See Ehrlich v. Van Epys, 428 F.2d 363 (7th Cir. 1970) ; Bethea v. Crouse, 417 F.2d 504, 505 (10th Cir. 1969) ; Desmond v. United States Board of Parole, 397 F.2d 386, 391 (1st Cir.), cert, denied, 393 U.S. 919, 89 S.Ct. 249, 21 L.Ed.2d 206 (1968).
. See Miller v. Pleasure, 296 F.2d 283, 284-285 (2d Cir. 1961), cert. denied, 370 U.S. 964, 82 S.Ct. 1592, 8 L.Ed.2d 830 (1962).
. Cf. Fletcher v. Hook, 446 F.2d 14, 15-16 (3d Cir. 1971); Finley v. Rittenhouse, 416 F.2d 1186 (9th Cir. 1969); Negrich v. Hohn, 379 F.2d 213, 215 (3d Cir. 1967); Birnbaum v. Trussell, 347 F.2d 86, 89-90 (2d Cir. 1965); Carlisle v. Bensinger, 355 F.Supp. 1359, 1362 (N.D.Ill. 1973); Bussue v. Lankler, 337 F.Supp. 146, 149 (S.D.N.Y. 1972).
. United States ex rel. Hyde v. McGinnis, 429 F.2d 864, 866 (2d Cir. 1970); see Church v. Hegstrom, 416 F.2d 449, 451 (2d Cir. 1969); cf. Martinez v. Mancusi, 443 F.2d 921 (2d Cir. 1970), cert. denied, 401 U.S. 983, 91 S.Ct. 1202, 28 L.Ed.2d 335 (1971).
. Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972); see Cruz v. Beto, 405 U.S. 319, 322, 92 S.Ct. 1079, 31 L.Ed.2d 263 (1972); Conley v. Gib
. The Court has disregarded the allegations of plaintiff’s record of convictions and arrests submitted by defendants as irrelevant to the issues presented on the current applications.
Reference
- Full Case Name
- Larry CAMPBELL, Individually and on behalf of all others similarly situated v. J. W. PATTERSON
- Cited By
- 1 case
- Status
- Published