Free Motion for Summary Judgment - District Court of Connecticut - Connecticut

i Case 3:02-cv-01994-WIG Document 16 Filed 12/O4/2003 Page 1 of 2
1 I O y O
1
1 1111
UNITED STATES DISTRICT COURT
1 DISTRICT OF CONNECTICUT Hifi} DEC ·- Lz [TJ lt: Ig. 5
PRISONER i_1§2i__,,_; tj = e
I OSCAR ORTIZ 2 CIVIL NO. 3:02CV1f994 (G‘LG)(WIG)
1 v. :
X WARDEN PETER MURPHY, ET AL. : DECEMBER 3, 2003
1 .
1 1
1 DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT
Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the defendants respectfully
move for summary judgment in their favor for the reason that there is no genuine issue as to any
material fact and the defendants are entitled to judgment as a matter of law. The undisputed
N material facts show the following: 1
l. To the extent that this action may be deemed to include a claim for money damages
against the defendants in their official capacity, any such claim is barred by the Eleventh j
Amendment to the United States Constitution.
2. The complaint does not allege any personal involvement on the part of defendants
John Armstrong and Peter Murphy. I
3. The defendants did not violate any constitutional rights of the plaintiff 2
4. Alternatively, the defendants are entitled to qualified immunity in that their conduct l
did not violate any clearly established constitutional rights.
In support of this motion, the defendants have filed herewith:
I (a) Afiidavit of Peter Murphyi I I I I I I I I n
(b) Affidavit of Janine Russell, R.N., with attached exhibits A and B;




I .-’° Case 3:02-cv—O1994-WIG Document 16 Filed 12/O4/2003 Page 2 of 2

l
(c) Affidavit of James McKenna, M.D., with attached exhibits A and B;
(cl) Local Rule 56(a)1 Statement; and I
{ 1
l (e) A Memorandum of Law.
= 1
1 DEFENDANTS
Warden Peter Murphy, et al.
[ RICHARD BLUMENTHAL 2
ATTORNEY GENERAL i
BY: { .
Richard T. Couture i
Assistant Attorney General f
110 Sherman Street l
Hartford, CT 06105 Q
Federal Bar #ct05480 \
E-Mail: [email protected] -
Tel.: (860) 808-5450
Fax: (860) 808-5591
l
CERTIFICATION
I hereby certify that a copy of the foregoing Motion for Summary Judgment was sent by
first class mail, postage prepaid, this 3rd day of December, 2003, to: H
Oscar Ortiz, No. 212768 _
Osborn Correctional Institution
335 Bilton Road ` i
P.O. Box 100
Somers, CT 06071
U l l I U n Richard T. Couture I- i
Assistant Attorney General 1
a 1
l