United States Second Circuit

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Willey v. Kirkpatrick, 13-699

In a former prisoner's civil rights action under 42 U.S.C. section 1983 alleging harassment at the hands of correction officers, false imprisonment and malicious prosecution, the district court's judgment is: 1) reversed as to grant of summary judgment where it conflicts with Rule 56(f) of the Federal Rules of Civil Procedure because it reached, sua sponte and without notice, claims not briefed in the defendants’ motion; 2) vacate the district court's conclusion that the plaintiff failed to state claims for unsanitary conditions and retaliation; and 3) vacated as to the dismissal of plaintiff's claims for claims for inadequate nutrition, theft of legal documents, harassment, malicious prosecution, and false imprisonment.

Appellate Information

  • Decided 08/28/2015
  • Published 08/28/2015

Judges

  • Katzmann,

Court

  • United States Second Circuit

Counsel