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ELBERT v. DEPT. OF CORRECTIONAL SERVICES

Case No. 08-CV-10998 (KMK).

751 F.Supp.2d 590 (2010)

Juanita ELBERT, as proposed administratrix for the estate of Anthony P. Elbert, decedent, Plaintiff, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, Defendant.

United States District Court, S.D. New York.

September 30, 2010.

Attorney(s) appearing for the Case

Gail B. Rice, Esq., Rice & Rice Attorneys At Law, New Rochelle, NY, for Plaintiff.

Christopher L. Van De Water, Esq., Attorney General of the State of New York, New York, NY, for Defendant.

OPINION AND ORDER

KENNETH M. KARAS, District Judge:

Plaintiff Juanita Elbert ("Plaintiff") brings this action against the New York State Department of Correctional Services ("Defendant"), as proposed administratrix for the estate of her son, Anthony P. Elbert ("Decedent"). Plaintiff sues under 42 U.S.C. § 1983 ("§ 1983"), asserting violations of the Eighth and Fourteenth Amendments, as well as Title II of the Americans with Disabilities...

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