Barnes v. Pozzi

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Rights

New York Law Journal

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Judge John Koeltl

Barnes was held in the Westchester County Jail on several occasions. Numerous acts of retaliation allegedly began in March 2005 when he began to file grievances, and continued until transfer out of the jail in June 2006. On Feb. 8, 2008, Barnes was transferred back to the Westchester County Jail for trial in federal court. His original complaint was filed on Feb. 8, 2010. District court dismissed 42 USC §1983 claims arising before Feb. 8, 2007, as time-barred, and rejected his claim that the continuing violation doctrine resuscitated claims about actions in 2005 and 2006. District court only partly granted Barnes reconsideration. Despite occasions where Barnes was housed in the jail between June 2006 and Feb. 8, 2008, they did not constitute a continuing violation sufficient to resuscitate claims from 2005 and 2006. If Barnes contended that his treatment during the individual stays at the jail between June 2006 and February 2008 were retaliatory and unconstitutional, he could have brought a lawsuit within three years of each of those stays. Claims against any individual defendants remained dismissed given Barnes' failure to make any specific allegations against them.

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