Free Motion for Judgment on the Pleadings - District Court of Connecticut - Connecticut

Case 3:03-cv-01029-DJS

Document 29

Filed 12/21/2004

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT CYRUS GRIFFIN Plaintiff, VS. CLEAVER, ET AL. Defendants. : : : : : : : PRISONER 3:03CV1029(DJS)(TPS)

DECEMBER 17, 2004

DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS Pursuant to the provisions of Rule 12(c) of the Federal Rules of Civil Procedure, the below named defendants respectfully request that judgment be issued in their favor for the following reasons: I. II.A. II.B. III. IV. V. The court lacks subject matter jurisdiction pursuant to the Eleventh Amendment. The defendants are entitled to sovereign immunity. The defendants are entitled to statutory immunity. The defendants are entitled to qualified immunity. The plaintiff has failed to exhaust his administrative remedies. The plaintiff has failed to state a claim for compensatory damages pursuant to the

Prison Litigation Reform Act under 42 U.S.C. § 1997e(e), since the plaintiff did not allege a physical injury. VI. The plaintiff has failed to allege sufficient personal involvement on the part of the

Defendant Murphy. VII. The plaintiff has failed to state a claim upon which relief can be granted under the

Due Process Clause of the Fourteenth Amendment.

Case 3:03-cv-01029-DJS

Document 29

Filed 12/21/2004

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WHEREFORE, the below named defendants request that judgment be issued in their favor in accordance with the foregoing arguments. DEFENDANTS, Cleaver, et al RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:___/s/____________________________________ Kathleen A. Keating Assistant Attorney General Federal Bar No. ct25247 110 Sherman Street Hartford, CT 06105 Telephone: (860) 808-5450 E-mail: [email protected] CERTIFICATION I hereby certify that a copy of the foregoing was sent by first-class mail, postage prepaid, this 17th day of December 2004, to: Cyrus Griffin, Inmate No. 262493 Northern Correctional Institution 287 Bilton Road, PO Box 665 Somers, CT 06071

__/s/______________________________________ Kathleen A. Keating Assistant Attorney General

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