Free Motion to Dismiss - District Court of Connecticut - Connecticut

_ l Case 3:03-cv-00627-PCD Document 49 Filed 10/10/2003 Page1 of 3
UNITED srarns msriucr counr p {é`
DISTRICT OF CONNECTICUT ` " A ` ''` `A `A i
CARNELL HUNNICUTT : PRISONER ET? Ei I Ll 1
Plaintw€ : CIVIL NO. 3:. pl C (J A)(.T GM) I
VS. in-I ` ` E
JOHN ARMSTRONG, ET AL. I
Defendants. : OCTOBER 7, 2003
DEFENDANTS' MOTION TO DISMISS
Pursuant to Federal Rules of Civil Procedure l2(b)(6) and D. Conn. L. Rule 7, the A
defendants respectfully move to dismiss this matter for the following reasons. First, the
. Eleventh Amendment bars plaintiffs claims for money damages against the defendants
in their official capacities. Second, plaintiffs conclusory allegations devoid of personal
allegations as to Laqoie ,Butler, Myers, Coates, Whidden, Faneufi Weir, Katz—Feinberg,
Chaplin, Wooven, Power, Matos and Tokarz should be dismissed. Third, plaintiff is
prohibited under the doctrine of res judicata from relitigating matters he settled. Fourth,
plaintiff has not alleged an actual injury from the defendants’ alleged denial of medical
care to him. Fifth, plaintiffs alleged forced participation in the phase program does not
state a constitutional claim. Sixth, plaintiff has no right to a single cell. Seventh, plaintiff
has not alleged that he suffered an actual physical injury as a result of defendants’ alleged
failure to conduct a mental health evaluation. Finally, defendants have qualified
immunity with regard to the recreation in restraints policy. l
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_ . Case 3:03-cv-OO627i’§3D Document 49 Filed 10/1 O{2_OO3 Page 2 of 3 l
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In further support of this motion, defendants submit the attached memorandum of
law to which the court is respectfully referred. l
DEFENDANTS,
John Armstrong, et al.
RICHARD BLUMENTHAL
ATTORNEY GENERAL
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BY; L, / »; r·rnnn * T
Ann E. Lynch 1
Assistant Attorney Ge er
Federal Bar No. ct0832
110 Sherman Street
Hartford, CT 06105 l
- Telephone No.: (860) 808-5450
Fax No. (860) 808-5591
E-mail: [email protected]
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. . Case 3:03-cv-00627-IFEQD Document 49 Filed 10/1 O/2003 Page 3 of 3 I
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cERT1F1cAT1oN E
I hereby certify that a copy of the foregoing was sent by first-class mail, postage
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parepaid this Sth day of October 2003, to: I
Camel1Hunnicutt, Inmate No. 309675
MHC-X I
PO Box 534
Jessup, Maryland 20794
Q I
Ann E. Lynch I
Assistant Attorne G neral
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