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

Case 3:03-cv-00544-WWE

Document 53

Filed 05/23/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT COREY BROOKS, Plaintiff, v. WARDEN MYERS, ET AL, Defendants : : : : : : CIVIL NO. 3:03CV544 (WWE) (HBF)

MAY 20, 2005

DEFENDANTS' SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure and D. Conn. L. Civ. R. 56, defendants Manley, Butkiewicus, and Knapp respectfully move for summary judgment on the remaining claims against them. First, leaving plaintiff in his cell for sixteen minutes to await the arrival of the cell extraction team did not constitute excessive force. Second, defendants Manley, Butkiewicus and Knapp were not deliberately indifferent in leaving plaintiff in his cell for sixteen minutes. Third, defendants Manley, Butkiewicus and Knapp have qualified immunity. Finally, given that summary judgment should be rendered on the federal claims against defendants, this court should decline to exercise supplemental jurisdiction over plaintiff's state law claims. In further support of this motion for summary judgment defendants submit the

Case 3:03-cv-00544-WWE

Document 53

Filed 05/23/2005

Page 2 of 2

attached affidavits, attached exhibit, attached Local Rule 56(a)(1) statement and attached memorandum of law to which the court is respectfully referred. DEFENDANTS Lt. Manley Lt. Butkiewicus Captain Knapp RICHARD BLUMENTHAL ATTORNEY GENERAL

By:

__/s/_________________________ Ann E. Lynch Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Tel.: (860)808-5450 Fax: (860) 808-5591 Federal Bar No. ct08326

CERTIFICATION I hereby certify that pursuant to § 5(b) of the Federal Rules of Civil Procedure a copy of the foregoing was mailed, postage prepaid, this _____ day of May 2005 to: Corey Brooks, #237651 Cheshire Correctional Institution 900 Highland Ave. Cheshire Ct 06410 __/s/_________________________ Ann E. Lynch Assistant Attorney General