Summary
finding that prison officials' indifference to the plaintiffs' mental health care, ultimately resulting in the plaintiffs' suicides, constituted a continuing violation
Summary of this case from Foster v. GhoshOpinion
06 Civ. 7845 (SHS).
September 28, 2007
ORDER
On August 31, 2007, Magistrate Judge Ronald L. Ellis issued a Report and Recommendation recommending that (1) defendants' motion to dismiss the claims in the First Amended Complaint against the individual defendants located at Downstate Correctional Facility be denied; (2) defendants' motion to dismiss the First Amended Complaint based on improper venue be denied; (3) defendants' motion to dismiss the claims of the eight individual plaintiffs be granted; and (4) defendants' motion to sever plaintiffs' claims be denied.
After a de novo review of the Report and Recommendation and defendants' objections dated September 21, 2007, the Court adopts the Report and Recommendation of Magistrate Judge Ellis. Accordingly, for the reasons set forth in the Report and Recommendation dated August 31, 2007,
IT IS HEREBY ORDERED that (1) defendants' motion to dismiss the claims in the First Amended Complaint against the individual defendants located at Downstate Correctional Facility is denied; (2) defendants' motion to dismiss the First Amended Complaint based on improper venue is denied; (3) defendants' motion to dismiss the claims of the eight individual plaintiffs is granted; and (4) defendants' motion to sever plaintiffs' claims is denied. The denial of the request for severance of plaintiffs' claims is without prejudice to its renewal prior to trial.
SO ORDERED: