No. 22-7232

Darrell Gunn v. Frederick N. Berntein, et al.

Lower Court: Second Circuit
Docketed: 2023-04-06
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 8th-amendment assault assault-case civil-rights constitutional-rights criminal-procedure due-process evidentiary-standards judicial-review medical-treatment retaliation
Latest Conference: 2023-06-08
Question Presented (from Petition)

whether plaintiff was within the 3 year time limit of 42 U.S.C.A. Section 1997e(a)

whether the plaintiff's factual allegations of Anthony Annucci, et.al., on September 16, 17, 18, 2014 assault and battery and lack of care in 2014 and 2015 based on denial of treatment, misdiagnosis and denial of surgical care now identifies non-time barred act that occurred within the three years before plaintiff filed this lawsuit raised a material issue of Eighth Amendment.

whether the heat was turned off at Green Haven in violation of the Eighth Amendment to the United States constitution.

Question Presented (AI Summary)

Whether plaintiff was within the 5-year statute of 42 U.S.C. Section 1983(a) when he filed Section 1983 claims

Docket Entries

2023-06-12
Petition DENIED.
2023-05-24
DISTRIBUTED for Conference of 6/8/2023.
2023-04-27
Waiver of right of respondent Anthony J. Annucci, et al. to respond filed.
2022-08-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 8, 2023)

Attorneys

Anthony J. Annucci, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Darrell Gunn
Darrell Gunn — Petitioner