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WDNY — Eighth Amendment: Peralta v. Bluff
By: Daily Record Staff//April 2, 2013//
Listen to this articleU.S. District Court, WDNY
Eighth Amendment
Failure to Treat Medical Condition
Peralta v. Bluff
04-cv-6559
Judge Siragusa
Background: The plaintiff, a former inmate in the custody of the Department of Corrections and Community Supervision, brought a civil rights action against the defendant for violations under the Eighth Amendment. The plaintiff alleged that he suffered permanent physical injury as a result of an improper injection of medication for the treatment of an ongoing condition. The defendant moved for summary judgment dismissing the complaint.
Ruling: The District Court denied the motion. The court found that the allegations that the medical staff did nothing to assist or otherwise address the plaintiff’s worsening condition established triable issues of fact.
Brian Laudadio and Joseph S. Nacca of Bond, Schoeneck & King for the plaintiff; Gary M. Levine of the New York State Office of the Attorney General
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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