Ruben Rodriguez v. Corrections Officer Yagusic, et al.

Summary

The court accepts Ruben Rodriguez’s amended pro se Section 1983 complaint and treats it as superseding the original complaint. The court holds that Eighth Amendment excessive-force and failure-to-intervene claims against eight corrections officers, and a Fourteenth Amendment equal-protection claim against defendant White, survive sua sponte screening. The court directs issuance of summonses and service of the amended complaint.

Holdings

1. The amended complaint sufficiently stated claims to survive sua sponte review under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
2. The amended complaint's Eighth Amendment excessive-force and failure-to-intervene claims against Southworth, Hare, Lapage, E. Lamica, R. Lamica, J. Yagusic, Leroux, and White survived sua sponte review and required a response.
3. The amended complaint's Fourteenth Amendment equal-protection claim against White survived sua sponte review and required a response.

Questions Presented

1. Whether the amended pro se complaint stated claims that survived sua sponte screening under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
2. Whether the allegations against the remaining correctional officers plausibly stated Eighth Amendment excessive-force and failure-to-intervene claims.
3. Whether the allegations that White used a racial slur during the assault plausibly stated a Fourteenth Amendment equal-protection claim.

Disposition

other