Nolen v. Goord
Nolen v. Goord
Opinion of the Court
SUMMARY ORDER
Plaintiff-appellant Wallace S. Nolen, an inmate in the custody of the New York State Department of Correctional Services (“DOCS”) from 1994 to 1999, appeals from a judgment of the District Court entered February 21, 2006, granting summary judgment in favor of defendants-appellees and dismissing plaintiffs claim under 42 U.S.C. § 1983 for violation of his Eighth and Fourteenth Amendment rights. We assume the parties’ familiarity with the facts and procedural history of the case.
We review de novo the District Court’s grant of summary judgment, and we draw all ambiguities and reasonable inferences in plaintiffs favor. Hayes v. New York City Dep’t of Corr., 84 F.3d 614, 619 (2d Cir. 1996). Plaintiff argues on appeal (1) that he presented sufficient evidence to create a triable issue of material fact with respect to whether defendants violated his Eighth Amendment rights by failing to protect him from an assault by other inmates on June 22, 1999, and (2) that the District Court denied him meaningful discovery by not ordering defendants to provide him with certain portions of his pre-assault inmate file.
For substantially the reasons stated by the District Court, we conclude that plaintiff has failed to adduce sufficient evidence that would allow a reasonable jury to find that defendant acted with “deliberate indifference” toward plaintiffs safety. See Hayes, 84 F.3d at 620. In particular, we note that plaintiff did not file a responding statement of disputed material facts pursuant to the District Court’s Local Rule 56.1, and therefore defendants’ denials of any awareness as to a substantial risk of serious harm to plaintiff
We have considered all of plaintiffs arguments and find them to be without merit. The District Court’s judgment is AFFIRMED.
Reference
- Full Case Name
- Wallace S. NOLEN v. Glenn S. GOORD Jr., George Bartlett, Floyd Bennett, Anthony J. Annucci, Dr. Lester N. Wright And Stephen Berardi, John Doe and Jane Doe
- Cited By
- 2 cases
- Status
- Published