Colon v. Gunsett
- Vincent Briccetti
- 7:22-cv-00635
- U.S. District Court · Southern District of New York
- 2
In Colon v. Gunsett, Judge Briccetti ordered defendants to respond to Colon’s amended complaint after limiting the claims he could pursue.
Jose Rivera Colon and the defendants named in or implicated by the amended complaint, including Gutwein, Crofoot, Flangan, Hazelwood, Gunsett, and Mangino.
What happened
In Colon v. Gunsett, Jose Rivera Colon, representing himself, filed an amended complaint after the court dismissed most of his claims and allowed him to pursue specified claims.
The amended complaint named Gutwein, Crofoot, Flangan, and Hazelwood as defendants. It did not include the previously authorized failure-to-intervene claim against Gunsett and Mangino.
Judge Briccetti ordered the defendants to answer, file a motion, or otherwise respond by June 14, 2023. He also denied Colon permission to appeal without paying the filing fee because the court certified that an appeal would not be taken in good faith.
The detailed version
- Colon v. Gunsett · No. 7:22-cv-00635
- Vincent Briccetti
- May 24, 2023
Background
Jose Rivera Colon filed this action on January 24, 2022, representing himself and without paying the filing fee. In an earlier opinion and order, the court granted the defendants’ motion to dismiss in part and dismissed all of Colon’s claims except his Eighth Amendment excessive-force claims against Crofoot, Flanagan, and Hazelwood in their individual capacities.
The court gave Colon permission to file an amended complaint pursuing only three categories of claims: excessive force against Crofoot, Flanagan, and Hazelwood; failure to intervene against Gunsett and Mangino; and due-process violations related to an allegedly deficient disciplinary hearing. The court later extended the deadline for the amended complaint to May 19, 2023.
Amended Complaint
The court received Colon’s amended complaint on May 23, 2023. The complaint was postmarked May 15, 2023, and named Gutwein, Crofoot, Flangan, and Hazelwood as defendants. It did not include a failure-to-intervene claim against Gunsett and Mangino.
Ruling
Judge Vincent L. Briccetti ordered the defendants to answer, file a motion, or otherwise respond to the amended complaint by June 14, 2023. The order did not decide the merits of the remaining claims. The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without paying the filing fee.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.