Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Colds v. Smyth

Eighth Amendment Deliberate Medical Indifference Claim Inadequately Pleaded

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Before the Court is Plaintiff Jalen Colds’s motion for (1) pre-conference discovery to identify Defendants John Doe No. 1 and John Doe No. 2, (2) leave to file a second amended complaint adding those individuals to the suit, and (3) leave to extend the time to serve Defendants Eric Paolilli and Dr. Raul Ulloa. (ECF No. 28.) For the following reasons, the motion is DENIED. Plaintiff’s claims against John Doe No. 1 and John Doe No. 2 are DISMISSED with prejudice, and Plaintiff’s claims against Eric Paolilli and Dr. Raul Ulloa are DISMISSED without prejudice. I. BACKGROUND A. Facts For purposes of the motion for pre-conference discovery, the Court accepts as true the facts, but not the conclusions, set forth in the First Amended Complaint, (ECF No. 12 (“FAC”)). Plaintiff, who is currently incarcerated in a federal facility in New Hampshire, was temporarily held as a post-conviction detainee in the Westchester County Jail (the “Jail”) in Valhalla, New York from January 24 to November 20, 2020. (FAC

6, 23.) In April 2020, Plaintiff began receiving verbal threats from another incarcerated individual with whom Plaintiff had had a physical altercation over the use of the Jail’s phones. (Id. 24.) He does not allege that he reported the threats to anyone. The altercation had been “serious enough” that Plaintiff was disciplined with multiple days of “keeplock,” or confinement to his cell. (Id. 25.) The fight was also documented in a Disciplinary Report, a Disciplinary Report Investigation Form, and a Disciplinary Hearing Officer’s Report, (id. 26), but the FAC provides no information about the content of those reports. Plaintiff alleges that the physical altercation “warrant[ed] [a] non-association,” or a “Keep Separates,” restriction. (Id.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2025
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Legal Counsel

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...


Apply Now ›
Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...


Apply Now ›
ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...


Apply Now ›
Go to Lawjobs