Free Motion to Dismiss - District Court of Connecticut - Connecticut

Case 3:03-cv-00696-JBA

Document 28

Filed 03/19/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ANTHONY TORRES Plaintiff, VS. JOHN TROMBLY, ET AL. Defendants. : : : : : : : PRISONER CIVIL NO. 3:03CV696(JBA)(JGM)

March 18, 2004

DEFENDANTS' MOTION TO DISMISS Pursuant to Federal Rules of Civil Procedure 12(b)(6), and 28 U.S.C §1915(e)(2)(B) which requires that "the court shall dismiss the case at any time if the court determines that... the action...is frivolous or malicious;... fails to state a claim on which relief may be granted; or...seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B)(i)-(iii). (emphasis added), and D. Conn. L. Rule 7, the defendants respectfully move to dismiss this matter for the reasons set forth in the accompanying memorandum of law. These reasons include, but are not limited to the following: First, plaintiff is prohibited under the PLRA from seeking damages for failure to allege physical injury, or any injury whatsoever, and for failure to fully exhaust all available administrative remedies. 42 U.S.C. § 1997e(a) and (e). Second, plaintiff has not alleged an actual injury from the defendants' alleged denial of medical care to him and there was no evidence of deliberate indifference. Third, plaintiff's conclusory assertions of "retaliation" are completely de minimis and not in any way causally connected to any alleged "chilling effect" on plaintiff's ability to petition for redress of grievances, and should be dismissed. Fourth, plaintiff's conclusory assertions of "conspiracy" are devoid of sufficient allegations as to should be dismissed. Fifth, plaintiff's alleged loss of a single shower or denial of a single does of medication does not state a constitutional claim. Sixth, plaintiff has no right to an injunction because the harm alleges is remote and speculative, and he fails to allege

Case 3:03-cv-00696-JBA

Document 28

Filed 03/19/2004

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irreparable injury. Next, the Eleventh Amendment bars plaintiff's claims for money damages against the defendants in their official capacities. Finally, defendants have qualified immunity with regard to the claims made in this case.

DEFENDANTS, John Trombly, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:_/s/_____________________________ Henri Alexandre Assistant Attorney General Federal Bar No. ct05412 110 Sherman Street Hartford, CT 06105 Telephone No.: (860) 808-5450 Fax No. (860) 808-5591 E-mail: [email protected]

BY:_/s/_____________________________ Steven R. Strom Assistant Attorney General Federal Bar No. ct01211 110 Sherman Street Hartford, CT 06105 Telephone No.: (860) 808-5450 Fax No. (860) 808-5591 E-mail: [email protected]

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Case 3:03-cv-00696-JBA

Document 28

Filed 03/19/2004

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CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this 18th day of March 2004: Anthony Torres, Inmate #246027 Northern Correctional Institution 287 Bilton Road P.O. Box 665 Somers, CT 06071

_/s/_________________________________ Steven R. Strom Assistant Attorney General

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