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N.D. New York· 10/15/2015

Burroughs v. Petrone

Citations

  • 138 F. Supp. 3d 182
  • 2015 U.S. Dist. LEXIS 142732
  • 2015 WL 6066319

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • collecting cases stating that allegations of verbal harassment are insufficient to state an Eighth Amendment claim
  • declining to dismiss the plaintiff’s claims against defendants who had “filed false misbehavior reports in retaliation for plaintiff's exercise of his constitutional rights”
  • finding a plaintiff’s generic claims that prison guards “threatened” him, “stopped” him from filing a petition, and interfered with his mail were conclusory and failed to state a claim
  • excessive force claim based on rough pat and frisk and push by officers, without other facts or injury alleged, dismissed
  • prisoner’s allegations of threats and harassment fail to state Eighth Amendment claim
  • “[A] pleading that contains only allegations which ‘are so vague as to fail to give the defendants adequate notice of the claims against them’ is subject to dismissal.” (quoting Sheehy v. Brown, 335 Fed. App’x 102, 104 (2d Cir. 2009)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hurd

Read full opinion on CourtListener

Cites

116 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.