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Douglas v. Annuci

Slashings, 'Contract' Support Serious Harm Risk Claim in Inmate's Failure to Protect Suit

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DECISION AND ORDERINTRODUCTION

*1  this is an action under 42 U.S.C. §1983 brought by Tracey Douglas (“Plaintiff”), a prison inmate in the custody of the New York State Department of Corrections and Community Supervision (“DOCCS”). Plaintiff alleges that Defendants failed to protect him from attacks by other inmates. Now before the Court is Defendants’ motion for judgment on the pleadings. (Docket No. [#15]). The application is granted in part and denied in part. BACKGROUNDThe reader is presumed to be familiar with the Court’s prior Decisions and Orders in this action, which discuss the facts of the case in detail. It is sufficient to note that at all relevant times, Plaintiff was incarcerated by DOCCS, and was serving a sentence for robbery. The person whom Plaintiff was convicted of robbing was allegedly a high-ranking member of the Bloods gang, which has many members incarcerated in DOCCS facilities throughout New York. Plaintiff maintains that such gang members targeted him for violent retaliation. In particular, Plaintiff contends that the Bloods slashed his face on five different occasions during 2001, 2002, 2006 and 2008. Initially in this action, Plaintiff was seeking to recover damages for alleged failures by DOCCS employees to protect him from those

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