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Burks v. Stickney

Sanctions Granted Over Court Intervention Needed to Depose Prison's Superintendents

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DECISION AND ORDER

*1  This is a civil rights action brought by plaintiff Mattieu Burks, a New York State prison inmate who is represented by counsel, pursuant to 42 U.S.C. §1983, against various employees of the New York State Department of Corrections and Community Supervision (“DOCCS”). Currently pending before the court is an application by plaintiff for sanctions based upon several occurrences during the course of pretrial discovery. For the reasons set forth below, plaintiff’s motion will be granted in part.I. BACKGROUNDPlaintiff commenced this action on June 27, 2016. Dkt. No. 1. In his complaint, as amended, plaintiff alleges that defendants harassed and assaulted him while he was incarcerated in the Clinton Correctional Facility (“Clinton”), located in Dannemora, New York, and deprived him of certain basic necessities, including water and electricity, in an effort to dissuade him from cooperating with investigations conducted regarding prisoner abuse at Clinton and the introduction of contraband into the facility. Dkt. No. 36. Plaintiff’s complaint asserts Eighth Amendment cruel and unusual punishment claims against several named corrections officers, as well as additional, unidentified Doe defendants. Id.

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