Baltas v. Bowers et al (3:23-cv-00764-VAB)

INITIAL REVIEW ORDER. Based on the Court's initial review,

All conspiracy claims, all claims for violation of 18 U.S.C. §§ 241, 242, 271, 371, and 1519; all claims under 42 U.S.C. §§ 1981, 1985, 1986, and 1988; all federal claims for spoliation or destruction of evidence and violation of the federal FOIA; and the state law claims for violation of the Connecticut FOIA and intentional spoliation of evidence are DISMISSED under 28 U.S.C. § 1915A(b)(1).

The C ourt declines to exercise supplemental jurisdiction over Mr. Baltas' claims for violation of Article first, sections 1, 4, 7, 8, 9, 10, 14, and 20 of the Connecticut Constitution, and his state law claims for violation of Conn. Gen. Stat. § 18-96b(g).

The case will proceed on the First Amendment retaliation claim against Defendants Bowers and Francis, the Eighth Amendment claim for use of excessive force against Defendants Bowers and Officer Does 1-5, the Eighth Amendment claim for d eliberate indifference to medical and mental health needs against Defendants Bowers, Martin, Briatico, Dave, Jerikah, Doran, Dougherty, Schauer, and Lupis, and the state law claims for assault and battery against Defendants Bowers and Officer Does 1- 5.

Mr. Baltas' motions seeking prejudgment remedy ECF Nos. (Document 4) , (Document 5) and limited early discovery ECF No. (Document 11) are DENIED.

The Court enters the following additional orders.

(1)The Clerk of Court shall contact the Department of Correction Office of Legal Affairs to ascertain current service addresses for defendants Bowers, Francis, Martin, Briatico, Dave, Jerikah, Doran, Dougherty, Schauer, and Lupis, mail a waiver of service of process request packet containing the Complai nt and this Order to each defendant at the address by August 25, 2023, and report to the Court on the status of the waiver request by September 1, 2023. If any Defendant fails to return the waiver request, the Clerk of Court shall arra nge for in-person service by the U.S. Marshals Service on Defendant in his or her individual capacity and the defendant shall be required to pay the cost of such service.

(2)The Clerk of Court shall send Plaintiff a copy of this Order.

(3) The Clerk of Court shall send a courtesy copy of the Complaint and this Order to the Connecticut Attorney General and the Department of Correction Office of Legal Affairs.

(4) Defendants shall file their response to the complaint, either an Answer or motion to dismiss, by November 3, 2023. If they choose to file an Answer, they shall admit or deny the allegations and respond to the cognizable claim recited above. They also may include all additional defenses permitted by the Fed eral Rules.

(5)Discovery, pursuant to Federal Rules of Civil Procedure 26 through 37, shall be completed by April 5, 2024. Discovery requests need not be filed with the court.

(6) All motions for summary judgment shall be filed by June 7, 2024.

(7)Under Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection.

(8)If Plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that he MUST notify the court. Failure to do so can result in the dismissal of the case. Plaintiff m ust give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If Plaintiff has mo re than one pending case, he should indicate all the case numbers in the notification of change of address. Plaintiff should also notify Defendants or the attorney for Defendants of his new address.

(9)Plaintiff shall utilize the Prisoner E-filin g Program when filing documents with the court. Plaintiff is advised that the Program may be used only to file documents with the court. As local court rules provide that discovery requests are not filed with the court, discovery requests must be se rved on Defendants' counsel by regular mail.

(10)The Clerk of Court shall immediately enter the District of Connecticut Standing Order Re: Initial Discovery Disclosures concerning cases initiated by self-represented inmates and shall send a co py to Plaintiff.

(11) The Court cannot effect service on Officers Doe 1-5 without their full names and current work or service addresses. Plaintiff is directed to obtain this information through discovery and file a notice containing the informatio n. Once the notice has been filed, the Court will order service on Officers Doe 1-5.

Signed by Judge Victor A. Bolden on 7/21/2023. (Diallo, I.) (Additional attachment(s) added on 7/24/2023: # (Document 1) Replacement PDF-MAIN) (Murphy, Tatihana). Modified Discovery and Summary Judgment Year due date on 7/24/2023 (Murphy, Tatihana).