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

Case 3:00-cv-00391-HBF

Document 107

Filed 06/08/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DUANE ZIEMBA V. FREDERICK THOMAS, ET AL. : : : MARCH 21, 2005 CIVIL NO. 3:00CV391(HBF)

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Pursuant to Rule 56 of the Federal Rules of Civil Procedure, the following defendants: Commissioner Armstrong, Warden David Strange, Warden Mark Strange, and Investigator Raymond Elterich, hereby move for summary judgment on the following grounds: A. There is no evidence to support a supervisory liability claim against

Commissioner Armstrong, a DOC administrator and supervisor, who was not personally involved in the incidents set forth in the plaintiff's Complaint. B. There is no evidence to support a supervisory liability claim against Warden

David Strange, a DOC administrator and supervisor, who was not personally involved in the incidents set forth in the plaintiff's Complaint. C. There is no evidence to support a retaliatory transfer claim against Warden Mark

Strange who was not personally involved in the plaintiff's transfer from MacDougall Correctional Institution to Garner on June 19, 1998. D. There in no evidence to support a viable due process claim against defendant

Elterich based on the disciplinary hearing held on March 12, 1998. In support thereof, the defendants submit a Local Rule 56(a)1 Statement, a memorandum of law, affidavits and attachments.

Case 3:00-cv-00391-HBF

Document 107

Filed 06/08/2005

Page 2 of 2

DEFENDANTS John Armstrong, David Strange, Mark Strange and Raymond Elterich RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:

_______/s/__________________________ Matthew B. Beizer Assistant Attorney General 110 Sherman Street Hartford, CT 06105 Federal Bar #ct16304 E-Mail: [email protected] Tel: (860) 808-5450 Fax: (860) 808-5591

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this 21st day of March, 2005: Antonio Ponvert, III, Esq. Koskoff, Koskoff & Bieder, P.C. 350 Fairfield Avenue, 5th Floor Bridgeport, CT 06604 James Nugent, Esq. Nugent and Bryant 236 Boston Post Road Orange, CT 06477

_______/s/__________________________ Matthew B. Beizer Assistant Attorney General

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