Hernandez v. Goord.

PositionInmate alleges prison officials of conspiracy - Brief Article

U.S. District Court

QUALIFIED IMMUNITY

SUPERVISORY LIABILITY

Hernandez v. Goord, 312 F.Supp.2d 537 (S.D.N.Y. 2004). An inmate brought a pro se civil rights action against state prison employees and the employees moved to dismiss the complaint for failure to provide a short and plain statement of the claim, and for failure to state a claim. The district court granted the motions in part and denied in part. The court held that the inmate's allegations were sufficient to state a claim for conspiracy under [section] 1983 and that the inmate adequately alleged the personal involvement of a supervisory prison official in an alleged campaign of harassment and retaliation. The court denied qualified immunity for the defendants because their alleged acts violated clearly established law. The inmate alleged that prison...

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