United States Second Circuit

In a 42 U.S.C. section 1983 action by a prisoner alleging that he was beaten by defendant corrections officers and denied medical treatment by defendant nurse, dismissal of the action is vacated where the district court erred in converting defendants' motion for judgment on the pleadings under Fed. R. Civ. P. 12(c) to a motion for summary judgment and dismissing his case without first explaining the procedural requirements for responding to such a motion and the potential consequences of the motion, and without providing him an opportunity to take discovery and to submit evidence to respond to the motion.

Appellate Information

• Argued 04/08/2009
• Decided 09/21/2009
• Published 09/21/2009

Judges

• LEVAL, Circuit Judge:, Before JACOBS, Chief Judge, WALKER, and LEVAL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Linda Epstein (Vilia B. Hayes, on the brief), Hughes Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Richard O. Jackson, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, and Benjamin N. Gutman, Deputy Solicitor General, on the brief), for Andrew M. Cuomo, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.