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September 14, 2012
KEITH MARRISSETTE, #M-10855, PLAINTIFF,v.GLADYSE TAYLOR, JODY GOETTING, ALLEN MARTIN, RANDY DAVIS, ROBINSON, K. DEEN, THERESA KISRO, PHILLIP L. BAILEY, MARCUS T. MARVIN, HEARTMAN, AND HARRIS, DEFENDANTS.
Plaintiff, currently incarcerated at Pinckneyville Correctional Center ("Pinckneyville"), has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. He is nearing the end of a five year sentence for obstruction of justice and violation of an order of protection. Plaintiff claims that he was improperly held in segregation for 90 days, after the disciplinary charges that caused him to be placed there were expunged, and that the conditions in his segregation cell were intolerably cold. The events giving rise to his claims began while he was incarcerated in Shawnee Correctional Center ("Shawnee"), and continued during his confinement at Pinckneyville.
Specifically, Plaintiff alleges that while he was at Shawnee, he was placed on "room restriction" on November 21, 2010, but was not notified of that restriction at the time. The following day, despite the restriction, guards allowed Plaintiff out of his cell for breakfast and other activity. While he was in the gym, two officers took him back to his cell, and he was sent to segregation and issued a disciplinary ticket (Doc. 1, p. 9). Only after the ticket was issued was Plaintiff finally given notice of the room restriction. Defendants Marvin and Bailey conducted Plaintiff's disciplinary hearing on December 3, 2010, but refused to call any of Plaintiff's requested witnesses. Plaintiff's original punishment of 90 days in segregation was expunged effective December 3, 2010 (Doc. 1, pp. 17, 21). Plaintiff asserts the expungement was approved on December 28, 2010, by Defendant Martin (the Shawnee warden). However, he was not released from segregation at that time. Instead, he was transferred on December 29, 2010, to the segregation unit at Pinckneyville.
Soon after his arrival, Plaintiff spoke to Defendant Kisro (a counselor), who informed him for the first time that his ticket had been expunged on December 3, and he should write to the warden in order to be released from segregation. Plaintiff wrote to Defendants Davis (the Pinckneyville warden) and Goetting (Pinckneyville clinical services supervisor), but got no response. He then filed a grievance on January 4, 2011 (Doc. 1, pp. 10, 23-24). The grievance was returned to him by Defendant Heartman (Pinckneyville counselor), who told him it must be sent to the Administrative Review Board ("ARB") in Springfield because Plaintiff came from another facility. Plaintiff did so, but did not receive the ARB's response until after his release from segregation (Doc. 1, p. 25). He was put back into general population on March 9, 2011 (Doc. 1, p. 10).
As a result of Plaintiff's grievance, Defendant Deen recommended that he be given his state pay that he would have earned if he had not been wrongly held in segregation, and Plaintiff did receive this pay. However, Defendant Deen did not recommend he be awarded the educational good conduct credit of 45 days that he could have earned had his participation in his educational course not been interrupted by the confinement in segregation (Doc. 1, pp. 11, 21). Plaintiff also asserts he could have been eligible for another 45 days of educational good conduct credit if he had been released earlier from segregation in accordance with the expungement order (Doc. 1, p. 12).
After coming out of segregation, Plaintiff also requested a transfer. Defendant Kisro put in a transfer request to East Moline Correctional Center, but it was denied (Doc. 1, p. 11). Plaintiff blames Defendant Kisro for failing to follow up on the transfer request.
While he was in segregation at Pinckneyville, Plaintiff complained to Defendants Heartman, Robinson, and Harris (correctional officers) about the extremely cold conditions in his cell. The windows were broken and would not close properly, making it difficult for Plaintiff (who has asthma) to breathe the cold air (Doc. 1, pp. 10, 12, 14). However, these Defendants refused to turn on the heat, provide him with a blanket or warm clothes, or move him to another cell.
Not only was Plaintiff wrongly confined in segregation for over 90 days, he claims that the disciplinary ticket contributed to the termination of his parental rights to his two children. Defendant Heartman told a child welfare worker that Plaintiff was in segregation due to what he assumed were disciplinary problems. In fact, these remarks were untrue because the disciplinary ticket had been expunged. Defendant Heartman's statement was used in a report submitted to the Champaign County Circuit Court, which terminated Plaintiff's parental rights (Doc. 1, p. 35).
Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint. Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has articulated a colorable federal cause of action against Defendants Goetting, Martin, Davis, Bailey, Marvin, and Heartman for deprivation of a liberty interest without due process, when they failed to remove him from segregation after his charges were expunged (Count 1). Plaintiff may also proceed on his claim against Defendants Heartman, Harris, and Robinson for cruel and unusual punishment due to the inhumane cell conditions in segregation (Count 2).
As to Defendant Heartman, Plaintiff also claims a denial of due process based on Defendant Heartman's statement to a child welfare worker regarding Plaintiff being placed in segregation for disciplinary problems (Count 3). This assertion fails to state a constitutional claim. The March 11, 2011, report to the state circuit court, which Plaintiff attaches (Doc. 1, pp. 32-39), evaluates Plaintiff's history with respect to his children, and includes both positive and negative observations of his progress, of which Defendant Heartman's statement is only one part. Plaintiff states that the circuit court judge's decision to terminate his parental rights was made five months later on August 9, 2011, based on the content of this report. What role the statement by Defendant Heartman played in the termination ruling is mere speculation. If there was any deprivation of Plaintiff's due process rights (an assertion this Court finds highly dubious), it came about in the state court proceeding which terminated Plaintiff's parental rights. That is a question which cannot be addressed in the context of this civil rights action. Accordingly, Count 3 shall be dismissed.
Plaintiff's claims against Defendants Taylor, Kisro, and Deen shall also be dismissed pursuant to 28 U.S.C. § 1915A. Plaintiff fails to state a claim against Defendant Taylor (acting director of the Illinois Department of Corrections), because the doctrine of respondeat superior is not applicable to § 1983 actions. Sanville v. McCaughtry, 266 F.3d 724, 740 (7th Cir. 2001) (citations omitted). Plaintiff states only that Defendant Taylor failed to take action when he appealed his wrongful confinement imposed by her subordinates. This does not amount to an allegation that Defendant Taylor was "personally responsible for the deprivation of a constitutional right." Id. See also Burks v. Raemisch, 555 F.3d 592, 596 (7th Cir. 2009) (supervisor who has delegated responsibilities to others does not incur liability merely through being informed of prisoner's complaint).
Defendant Kisro simply told Plaintiff, upon his arrival at Pinckneyville, of the procedure to seek release from segregation (writing to the warden) (Doc. 1, p. 10). She had no further involvement in the handling of his requests to be released. Plaintiff's only other allegation against her arose months after he came out of segregation, when he applied for a transfer to another prison, but was denied (Doc. 1, p. 11). There is no indication that Defendant Kisro made the ultimate decision to deny the transfer. More importantly, no constitutional right is implicated by the denial of a transfer. "[P]risoners possess neither liberty nor property in their classifications and prison assignments. States may move their charges to any prison in the system." DeTomaso v. McGinnis, 970 F.2d 211, 212 (7th Cir. 1992) (citing Montanye v. Haymes, 427 U.S. 236 (1976)). See also Meachum v. Fano, 427 U.S. 215, 224 (1976) (the Constitution does not guarantee placement in a particular prison). Accordingly, Plaintiff states no claim against Defendant Kisro, and she shall be dismissed from the action.
Likewise, Plaintiff's allegations against Defendant Deen fail to state a cognizable claim. Defendant Deen made recommendations in response to Plaintiff's grievances, in which he asked to be awarded the educational good conduct credits that he believes he would have earned if he had been allowed to complete his classes. She recommended against granting the credits, and also recommended he not be restored to A grade or transferred (Doc. 1, p. 11-13). First, Plaintiff's belief that he would have earned up to 90 days of educational good conduct credits if he had not been interrupted by the wrongful stay in segregation, while plausible, is speculative at best. There was no guarantee that he would have earned those credits even if he had not been forced to exit the educational program when he was placed in segregation. Secondly, an inmate has no constitutional claim where he files a grievance, and simply disagrees with the outcome. See Conyers v. Abitz, 416 F.3d 580, 586 (7th Cir. 2005) (plaintiff's argument that conspiracy by prison officials to deny administrative review of his grievances by dismissing them was frivolous where plaintiff had access to the grievance procedure but he did not obtain the outcome he desired). Finally, as noted above, Plaintiff has no constitutional right to a reclassification or transfer. DeTomaso, 970 F.2d at 212. Defendant Deen shall be dismissed from this action. Disposition
Defendants TAYLOR, DEEN, and KISRO are DISMISSED from this action with prejudice. COUNT 3 against DEFENDANT HEARTMAN is dismissed with prejudice for failure to state a claim.
As to COUNTS 1 and 2, the Clerk of Court shall prepare for Defendants GOETTING, MARTIN, DAVIS, ROBINSON, BAILEY, MARVIN, HEARTMAN, and HARRIS: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the complaint, and this Memorandum and Order to each Defendant's place of employment as identified by Plaintiff. If a Defendant fails to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate steps to effect formal service on that Defendant, and the Court will require that Defendant to pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure.
With respect to a Defendant who no longer can be found at the work address provided by Plaintiff, the employer shall furnish the Clerk with the Defendant's current work address, or, if not known, the Defendant's last-known address. This information shall be used only for sending the forms as directed above or for formally effecting service. Any documentation of the address shall be retained only by the Clerk. Address information shall not be maintained in the court file or disclosed by the Clerk.
Plaintiff shall serve upon Defendants (or upon defense counsel once an appearance is entered), a copy of every pleading or other document submitted for consideration by the Court. Plaintiff shall include with the original paper to be filed a certificate stating the date on which a true and correct copy of the document was served on Defendants or counsel. Any paper received by a district judge or magistrate judge that has not been filed with the Clerk or that fails to include a certificate of service will be disregarded by the Court.
Defendants are ORDERED to timely file an appropriate responsive pleading to the complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to United States Magistrate Judge Philip M. Frazier for further pre-trial proceedings.
Further, this entire matter is REFERRED to United States Magistrate Judge Frazier for disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties consent to such a referral.
If judgment is rendered against Plaintiff, and the judgment includes the payment of costs under § 1915, Plaintiff will be required to pay the full amount of the costs, notwithstanding that his application to proceed in forma pauperis has been granted. See 28 U.S.C. § 1915(f)(2)(A).
Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for leave to commence this civil action without being required to prepay fees and costs or give security for the same, the applicant and his or her attorney were deemed to have entered into a stipulation that the recovery, if any, secured in the action shall be paid to the Clerk of the Court, who shall pay therefrom all unpaid costs taxed against plaintiff and remit the balance to plaintiff. Local Rule 3.1(c)(1)
Finally, Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of Court and each opposing party informed of any change in his address; the Court will not independently investigate his whereabouts. This shall be done in writing and not later than 7 days after a transfer or other change in address occurs. Failure to comply with this order will cause a delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See FED. R. CIV. P. 41(b).
J. Phil Gilbert United States District Judge
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11 May 2010, Tuesday, 14:44
author: Marina Shumilova
The capital of Udmurtia Izhevsk, celebrating its 250th anniversary this year, will hold the federal sabantuy-2010 and as the Russian e-mass-media report, for the first time Udmurtia was competing with other Russian regions for the right to hold this popular national festival on its territory.
Quick reconstruction of the city hippodrome, where the horse races are to be held, is one of the main directions in the preparations for the Sabantuy-2010. The renovated hippodrome will become a good gift by the jubilee of Izhevsk. It is expected the festival will be held on three main sites of the city at one and the same time. As a rule more than 20 various sport and national competitions are held during the feast and it is expected about 1000 guests from 60 Russian regions will join the federal festival of the plough-2010.


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Superior Court of Pennsylvania
March 10, 2014
NORMAN A. JONES Appellantv.TINA L. BROWN Appellee
Appeal from the Judgment Entered July 3, 2013 In the Court of Common Pleas of Franklin County Civil Division at No(s): 2011-1900
BEFORE: PANELLA, OLSON and PLATT, [*] JJ.
Appellant, Norman A. Jones, appeals from the judgment entered on July 3, 2013. After careful consideration, we affirm.
We summarize the facts and procedural history of this case as follows. Appellant and Tina L. Brown (Brown) were involved in a romantic relationship since the mid-1990s. At all relevant times, Appellant knew that Brown was married to another man. Appellant and Brown never married. They cohabitated at Brown's inherited residence in McConnellsburg, Pennsylvania from 1996 until they separated in 2010. At some point after the parties began living together, they started collecting antiques as a hobby. In 1998, Appellant and Brown decided to build a two-story garage, in part, to store their antique collection. Appellant assisted in the construction of the garage. Brown took out various home equity loans for construction. Appellant borrowed approximately $5, 000.00 from his father. The parties agreed that Brown would give Appellant's father a truck in satisfaction of that debt.
After separating in 2010, the parties agreed to divide the antiques collection between them and to sell some items at auction. In November 2010, the parties entered into a contract for the sale of selected items with Carl Ocker (Ocker) of Kenny's Auction. The contract specified that, after Ocker received his commission, Appellant would receive 40% of the proceeds and Brown would receive 60%. Three auction sales were scheduled. The first sale was held in January 2011 and the net proceeds were distributed according to the contract with Kenny's Auction. The second sale was conducted in February 2011 and the net proceeds were mistakenly distributed with 60% going to Appellant and 40% to Brown. The third sale was held on March 9, 2013 and the proceeds were held in escrow.
On May 3, 2011, Appellant filed an action in replevin against Brown, seeking to recover antiques worth approximately $292, 000.00. The trial court held a three-day bench trial. On April 17, 2013, the trial court issued an opinion and order ruling in Brown's favor. Appellant filed a motion for post-trial relief that the trial court denied on May 17, 2013. Brown praeciped to enter judgment on July 3, 2013. This timely appeal resulted.[1]On appeal, Appellant presents the following issues for our review:
1. Whether the failure of [Brown] to produce any corroboration of her testimony at trial as to the change in the written contract and the valid consideration for the change in any pleading, answer to discovery, deposition, or any exhibit or other witness testimony is fatal to an amendment of the written consignment agreement to dispose of the collection.
2. Whether the trial court erred as a matter of law by giving [Brown] rights in portions of the collection purchased by [Appellant] because of the long period of cohabitation in her house at her expense.
3. Whether the trial court's decision was against the weight of the evidence, given [Brown's] admitted false statements relating to her marital status on tax returns and bank loan applications, as well as her grossly inconsistent testimony at trial compared with her other trial testimony and deposition testimony.
Appellant's Brief at 3-4.
In a non-jury case such as this, our review is
limited to a determination of whether the findings of the trial court are supported by competent evidence and whether the trial court committed error in the application of law. Findings of the trial judge in a non-jury case must be given the same weight and effect on appeal as a verdict of a jury and will not be disturbed on appeal absent error of law or abuse of discretion. When this Court reviews the findings of the trial judge, the evidence is viewed in the light most favorable to the victorious party below and all evidence and proper inferences favorable to that party must be taken as true and all unfavorable inferences rejected.
Moreover, the trial court's findings are especially binding on appeal, where they are based upon the credibility of the witnesses, unless it appears that the court abused its discretion or that the court's findings lack evidentiary support or that the court capriciously disbelieved the evidence. Conclusions of law, however, are not binding on an appellate court, whose duty it is to determine whether there was a proper application of law to fact by the lower court. With regard to such matters, our scope of review is plenary as it is with any review of questions of law.
Showalter v. Pantaleo, 9 A.3d 233, 235 (Pa. Super. 2010) (citations and brackets omitted).
In his first issue presented, Appellant argues that Brown unilaterally modified the parties' written agreement with Ocker by keeping antiques that the parties previously agreed to sell. Appellant's Brief at 10. Appellant alleges that the parties agreed to "keep only a few items" and sell the rest of the antiques collection. Id. at 9. He claims that "[w]hen Ocker came to take the [c]ollection to sell, the scope of the sale had changed and the better quality pieces were not being sold" and instead, "the better stoneware remained at [Brown's] house." Id. at 9.
The trial court first determined that the parties engaged in a hobby for pleasure, as opposed to a business for profit. Trial Court Opinion, 4/17/2013, at 8. It noted that in an action for replevin, the plaintiff's right to possession must be superior to the right of the defendant. Id. at 9. The trial court stated that unmarried and cohabiting parties may enter into valid and enforceable agreements, except for sexual services. Id. It then determined that there was a verbal, mutually agreed upon contract between the parties for an initial 50-50 division of a portion of the antiques collection, with the remainder to be sold at auction. Id. The trial court found that Appellant "already possessed the items f[ro]m the [c]ollection that he agreed he would retain, or [had] already removed all of the items from the [c]ollection that he agreed he would receive." Id. at 10. The trial court also concluded that the parties entered into a written agreement to consign a portion of the collection for sale at auction with the proceeds divided with Appellant receiving 40% and Brown receiving 60%. Id. Because Appellant improperly received 60% of the proceeds from the second auction, Brown was owed $3, 399.42 for her share of that sale. Id. Finally, the trial court concluded the balance of the third auction sale, held in escrow, must be divided according to the auction agreement. Id. Upon review, the trial court's findings are supported by the record and free of legal error.
Next, Appellant argues there was no contract or agreement between the parties and, thus, the trial court improperly determined the antiques collection was joint property based upon the parties' cohabitation in Brown's home. Appellant's Brief at 11.
As previously noted, the trial court properly determined there were two enforceable agreements between the parties. Moreover, that the trial court specifically rejected Appellant's argument that Brown acquired an interest in the collection through cohabitation alone. Trial Court Opinion, 4/17/2013, at 12-13. Instead, the trial court determined that the parties obtained the antiques jointly over an extended period of time and then jointly insured the entire collection. Id. at 13. Moreover, the trial court noted that if the parties had intended to keep separate collections, they would have segregated the individual items. Id. Instead, the collection was split only after the parties' romantic relationship ended. Id. Again, the trial court concluded that Appellant already possessed the items that the parties agreed he should retain. Id. at 10. Based upon our standard of review, we discern no abuse of discretion or error of law.
Finally, Appellant claims that the trial court's decision was against the weight of the evidence. Appellant claims that Brown's testimony at trial that she filed her federal income tax returns and applied for bank loans as a single person (when she was, in fact, still married to another man) constituted perjury and the trial court erred in finding her credible. Appellant's Brief at 16. Appellant also points to specific examples of alleged inconsistencies between Brown's deposition and trial testimony. Id. at 16-17.
An appellate court's standard of review when presented with a weight of the evidence claim is distinct from the standard of review applied by the trial court:
Appellate review of a weight claim is a review of the exercise of discretion, not of the underlying question of whether the verdict is against the weight of the evidence. Because the trial judge has had the opportunity to hear and see the evidence presented, an appellate court will give the gravest consideration to the findings and reasons advanced by the trial judge when reviewing a trial court's determination that the verdict is against the weight of the evidence. One of the least assailable reasons for granting or denying a new trial is the lower court's conviction that the verdict was or was not against the weight of the evidence and that a new trial should be granted in the interest of justice.
This does not mean that the exercise of discretion by the trial court in granting or denying a motion for a new trial based on a challenge to the weight of the evidence is unfettered. In describing the limits of a trial court's discretion, [our Supreme Court has] explained:
The term discretion imports the exercise of judgment, wisdom and skill so as to reach a dispassionate conclusion within the framework of the law, and is not exercised for the purpose of giving effect to the will of the judge. Discretion must be exercised on the foundation of reason, as opposed to prejudice, personal motivations, caprice or arbitrary actions. Discretion is abused where the course pursued represents not merely an error of judgment, but where the judgment is manifestly unreasonable or where the law is not applied or where the record shows that the action is a result of partiality, prejudice, bias or ill-will.
Commonwealth v. Clay, 64 A.3d 1049, 1055 (Pa. 2013) (citations, quotations, and original emphasis omitted).
The trial court made a credibility determination in Brown's favor, finding "[h]er testimony regarding the division of the collection [] more credible." Trial Court Opinion, 4/17/2013, at 13. The trial court discounted
Brown's misstatements on her federal income tax statements, stating she wrongly filed as a single person while still legally married, but did not do so to defraud the government and may have actually subjected herself to greater tax liability. Id. The record supports the trial court's credibility assessment and its determinations were not the product of partiality, prejudice, bias or ill-will.
We have reviewed the certified record, the parties' briefs, the relevant law, and the trial court's opinion entered on April 17, 2013. We conclude that there has been no error or abuse of discretion in this case and that the April 17, 2013 trial court's opinion meticulously, thoroughly, and accurately disposes of Appellant's issues on appeal. Therefore, we affirm on the basis of the trial court's opinion and adopt it as our own. Because we have adopted the trial court's opinion, we direct the parties to include the trial court's opinion in all future filings relating to our examination of the merits of this appeal, as expressed herein.
Judgment affirmed.
Judgment Entered.
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You won't be able to dismiss this by usual means (escape or click button), but you can close it programatically based on user choices or actions.
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Issue #37 of the Ubuntu Weekly Newsletter, covering the week of April 15th - 21st, 2007, is now available. In this issue you can find these stories:
If you have a story idea for the Weekly News please submit it via email or on the wiki!
- Ubuntu 7.04 released and related press coverage
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The Weekly News is brought to you by the Marketing Team.


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Vintage Erna Meyer "Chimney Sweep" German Dollhouse Doll!
A sweet Erna Meyer Dollhouse boy doll made in Germany that is all original. The Chimney Sweep measures 5 1/2" from his feet to the top of his hat. He is dressed in an all original black felt outfit. complete with his wooden ladder to climb those high chimneys. To be more authentic, he has "soot" on his face from the chimney. This effect was done by the artist. These dolls were hand crafted by Erna Meyer, a German doll artist.
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|Property type
|Minimum Stay
|7 nights
These warm and rustic apartments in two neighbouring apartment houses lie in the lovely village of Podkoren close to the Austrian and Italian border. The renowned winter sports centres Kranjska Gora and Planica are just a couple of miles away. SGR108, SGR116 and SGR115 are mansard apartments with lowest wall height ca. 50 cm. SGR109 and SGR110 are in the ground floor, while SGR111, SGR112 and SGR113 are in the first floor. There is a shared Finnish sauna on the plot, a small computer corner and a restaurant as well where you can order breakfast, lunch and dinner against extra payment. All those who enjoy mountains and pure nature, will just love this location. The national park Triglav with its monuments of nature and nature reserves is only few miles away. At NOVASOL we offer over 40,000 hand-picked holiday homes, across 29 European countries. Our huge selection of self-catering accommodation includes beautiful holiday homes near the sea, cottages in stunning country surroundings, villas with private pools and apartments in some of Europe's most interesting and beautiful cities. We aim to simply provide: Quality self-catering holiday properties all handpicked and inspected by our employees, with complete reliability meaning you can trust that we will provide you with the best accommodation for you holiday.


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Joe's Jeans
'Darla' super chic short
Out of stock
Unfortunately this item is out of stock
Blue cotton blend 'Darla' super chic shorts from Joe's Jeans featuring belt loops, a button and zip fly, a five pocket design and a rolled hem.
Designer Style ID: CFQODA14750
Farfetch ID: 10596948
Models Measurements
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Delivery duties are included in the item price when shipping to all EU countries plus USA, Canada, China, Australia, Puerto Rico, Switzerland, Singapore, Republic Of Korea, Kuwait, Mexico, Qatar, India, Norway, Saudi Arabia, Taiwan, Thailand, U.A.E., Japan. This means all import duties are included in your order. The price you see is the price you pay.
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Escarole and Beans
Carol Perricone
Found this recipe, and have been making it forever!! Absolutely delicious!!
my photos
my photos
Featured Pinch Tips Video
- 3 Tbsp
- olive oil, divided
- 2 large
- heads escarole
- salt and pepper to taste
- 1/4 tsp
- crushed red pepper flakes
- 1 clove
- garlic, minced
- 2
- 16 oz cans cannellini beans, undrained
- 3 sprig(s)
- fresh parsley, chopped
Directions Step-By-Step
1Heat 2 tablespoons olive oil in large skillet over medium heat. Toss in escarole, turning to coat with oil. Season with salt and pepper and crushed red pepper flakes. Cook, stirring occasionally, about 10 minutes.
2In a separate skillet, heat remaining 1 tablespoon olive oil over medium heat. Stir in garlic. Pour in beans with juices, and simmer until creamy, about 10 minutes. Stir in escarole and parsley; simmer 10 minutes more.
About this Recipe
Course/Dish: Vegetables
Main Ingredient: Vegetable
Regional Style: American
Dietary Needs: Vegetarian
Other Tags: Quick & Easy, For Kids, Healthy


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2012 Blogs - Fantastic China Travel blog
Miss Xiguan in Wind and Rain
Casciano Sights
A Guangzhou friend whose hometown is Dongshan says "Master Dongshan, Miss Xiguan". Days ago, I went to the Xiguan he mentioned in the words. But unfortunately, there was wind and rain on that day I visited Xiguan. Xiguan was the commercial downtown area in the past time, and the wealthy young lady often came here for entertainment. While now, these small buildings have already become the home...
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Secluded 17th Century Manor House near Bergerac, Dordogne in 60 hectare park
Bardouly was built in the reign of Henry IV and is situated halfway up a limestone hill above the Dropt river. This Perigordian Manor House brims with the charm and nobility of its 400 year of existence. The house maintains its original features including a panelled dining room that was installed by the same artisan that completed the state rooms at Versailles. The house is brimming with antiques but maintains the atmosphere of a comfortable family home. Enjoy absolute privacy in this meticulously maintained property. The estate includes a heated swimming pool and hard surface tennis court. Table tennis and foosball are provided; there are immaculate lawns for croquet and badminton (included). Activities such as cycling, horseback riding, canoeing, fishing, golf, and wine tasting are all in the immediate vicinity. The area boasts many historic chateaux and market towns. Property is ideal for family gatherings, anniversaries, birthdays and weddings. The property has Wifi throughout.
Top Traveller Review
C'est magnifique!C'est magnifique!
A car is a definite must if you have plans to explore the surrounding area, the only difficulty will be deciding in which direction to head--vineyards, outstanding restaurants, charming market villages, beautiful churches, and the like can be found anywhere from fifteen minutes to two hours away. The owners are quite knowledgeable and helpful in suggesting outings and providing advice and directions, as well as being very responsive to any issues or concerns that might arise during your stay. I really can't say enough about what a beautiful time we had, and how very much I hope we can return again.
About the Owner
We are an American/French family, who have owned and operated the property for a number of years. We have hosted scores of visitors, who have all fell in love with the beautiful setting and luxurious yet comfortable accommodation. We are happy to help organise sightseeing itineraries, give restaurant recommendations, or any other tailored advice your might need.
Guestbook comments from the owner
Pamela Goodman, Travel Editor, House and Garden
'What a wonderful house; what a wonderful week. Late nights and - lots of fun. And, of course the sun shone every day - a welcome relief after the terrible English summer. This house has everything to offer young and old alike. Thank you so much; will be back.
Bardouly is an enchanting place....
What a fantastic place! We had the most amazing time here. Lovely house, great facilities and a wonderful setting. Everyone has said this is the most brilliant house in which they've stayed abroad. Will be back next year.
Bardouly felt like home and perfect site for a family reunion and a classic picture of a French manor. Great kitchen, pool, orchard and with plenty of space for everyone - the whole family wants to return next year. Enjoyed all the help and information from JC; including personal help at a French restaurant which made the dinner much more fun. Will return again soon.
10 Reviews
5 based on 10 holidaymaker reviews
C'est magnifique!
A beautifully restored manor house, in the heart of some of the most spectacular countryside in France, Bardouly lives up to both the property description as well as other visitors' 5-star reviews. It was a very, very special place to spend Spring break. The house has been lovingly restored, with many of the original features, and retains its charm and authenticity, while also providing a modern level of comfort and convenience. Each bedroom is individually decorated with beautiful furnishings and antiques, and all of the bathrooms are modern and luxurious. The common areas are spacious, and also tastefully furnished. The kitchen is modern and well-equipped, although larger groups should definitely think about hiring a cook. Both the house and the grounds provide a great deal to do for guests of all ages -- tennis, swimming (although the weather in early April was decidedly chilly), etc. The game room has games, activities and TV.
A car is a definite must if you have plans to explore the surrounding area, the only difficulty will be deciding in which direction to head--vineyards, outstanding restaurants, charming market villages, beautiful churches, and the like can be found anywhere from fifteen minutes to two hours away. The owners are quite knowledgeable and helpful in suggesting outings and providing advice and directions, as well as being very responsive to any issues or concerns that might arise during your stay. I really can't say enough about what a beautiful time we had, and how very much I hope we can return again.
A truly 5 star experience!
Country living at its best. The perks of very comfortable enormous bedrooms with bathroom en suite with lovely linen, half the guests had to be torn from their bedrooms, enjoying the luxurious experience they offered. Thoughtful extra cosy wool blankets when needed and shower gels and shampoo are provided by request so one less thing to pack in the luggage. The house boasts a swimming pool under the pigieonnier and a secluded tennis court and acres of land for beautiful walks nested in gorgeous countryside. A large house where one never feels crowded, and always space to find oneself, whether tinkling on the piano in the well proportioned drawing room, or my favourite space in a divine walled garden.
Bardouly is situated in the Perigord region, the heart of gourmet cooking and wine in France, where one finds oneself exploring the local villages which were charming. It was enchanting to explore the local restaurants if not lured by the cooking at Bardouly, done in our case by a local french cook, whom we hired which was magnificent. A pleasure to dine in the elegant panelled dining room, or breakfast in the enormous kitchen.
We have left feeling completely rested and at peace...
Chateau Bardouly - perigord heaven
Chateaux Bardouly is beautifully tucked away affording privacy and a calm retreat in a stunningly appointed and luxurious setting .
From my en suite chic bedroom in 18 century classic style and charm I woke each morning to birdsong . The Chateau is a perfect family retreat or special place to celebrate long French lunches with old friends savouring the delights of what has to be the most irresistible (perigord) region of France .
Taking little breaks in between breakfasts of croissant laden tables and cups of fine French coffee in the airy well stocked kitchen before lunch , we were able to discover the delights of the Bastide villages , the stunning medieval streets of Issigeac nearby .
Short trips to Eymet , Castionnes and half an hour away to my favourites of Monpazier, and the must see Cistercian Abbey of Cadouin provided easy diversions to forage in the markets before returning to leisurely lunches with friends . The panelled dining room is simply redolent with the beautiful style of chateau bardouly where many hours were spent in vibrant banter with our friends and the other visitors, whilst savouring the chestnut full bodied flavours of the Bergerac wines over wonderful local cheeses .
This is a gourmet paradise from which to explore the perigord region, the enchanting hanging gardens of Marqueyssac in the belvedere of the Dordogne with its 1000 chateaux . I so appreciated the luxury of playing on the grand piano whilst beyond the fire crackled in the drawing room with chatter and laughter, before dinner in the evenings.
The wildlife is a joy with woodpeckers, exotic zimbabwean hoopoos flitting across the lawns , hares and rabbits in the fields and an abundance of deer . I was amazed at the extraordinary number of birds of prey we saw , hawks and kestrels in abundance hovering over scattering mice. This is a nature lovers retreat , a place to stop, recharge, indulge and be creative, with loads of space to escape the party and find some sunny or shaded spot to read quietly with the gentle hum of bumblebees darting between the lavender and the stone walls in the secluded walled garden .
The Pigeonnier is a great spot to also stay and perfect for a family or teenagers on a party. Its absolutely self contained within close proximity of the main chateau , overlooking the pool. I suspect that in the summer months one would be more inclined to simply lie around the pool with chilled glasses of lillet ( a local aperitif on ice) and drift off and dream of fo
A beautiful gem
We just spent an amazing week at Chateau Bardouly that exceeded any expectations that we may have had. The building is incredible itself with beautiful architecture, history and breathtaking grounds. The rooms are decorated with beautiful details as well as very comfortable beds. There are new bathrooms that make this a great combination of old and new. This is the perfect place to use as a base while taking in the local towns nearby. There are beautiful wineries, incredible food, and great little shops that are easily accessible by car or you can just enjoy the the property itself with a great book and a glass of wine. There seemed to be as much or as little activity as one would want depending on your age and mood. The Chateau has a well equipped kitchen or you can request the owners to situate a chef for your stay. The owners are very helpful and navigating the area is quite easy. We can't wait to come back and hope you get a chance to enjoy this gem for yourself!
Ruth,Brian and Faylenn M.
Santa Monica, CA.
Perfect, relaxing place for all
This is the first time we've stayed at Chateau de Bardouly and what a special place it is too. Set in its own large grounds, it offers the perfect retreat for families and friends capable of self-entertainment (with the aid of fantastic regional wine, of course). We stayed for 2 weeks with 9 adults and 4 teenagers. The adults occupied the main house where the large bedrooms have been beautifully renovated by the owner with toile linen walls and curtains, but retain all the character of a 400 year old chateau. Each room has a large bathroom, some with showers and others with baths (you can negotiate with your friends your room selection on arrival based on your personal preference!). The teenager's stayed in the stunning Pigeonnier located right next to the heated pool which has plenty of lovely teak loungers. The Pigenonnier has its own kitchen and outdoor dining area which proved useful for the storage of cold beers and drinks for the pool. We were a bit concerned about the teenagers (14, 14, 15 & 16) getting bored for 2 weeks and had plans for excursions, but with a superb tennis court, pool, TV/games room, table tennis and football, croquet, petanque and their own space, they had a brilliant time. In fact, we all only ventured out for the food shop and to visit the various markets and shops at Eymet and Issigeac. The kitchen is well appointed and provided the opportunity for those of us who really enjoy cooking to experiment with the wide range of local ingredients and extended range of fresh seafood available at the market, the best of which we found just a 15 minute drive away. Tips: we drove from Cambridge with a stopover, but it's still a long way. Others flew into Bordeaux and Bergerac and hired cars which worked out better. Note: you don't need to over pack as there are good washing machines, tumble dryers, and irons. Do bring your own tennis racquets if that is your game. The owners have a really special place, which has been renovated to a very high standard. The house retains its charm and atmosphere but with the benefit of all the modern conveniences. After careful reflection, all in our party rated this as one of, if not the most relaxing holidays we have ever had. We would love to come back!
Magical Bardouly
Bardouly is a characterful French Manor House, full of history, set in beautiful grounds. It is surrounded by lovely countryside with many Medieval villages and Vineyards to visit and interesting markets. However, you can happily stay within the grounds of Bardouly as everything is provided for young and old including a beautiful swimming pool, tennis court and children's playroom and you can see the wonderful countryside just by walking within the grounds of Bardouly. We were a family of 11 adults and 5 children joining together from the UK, Dubai and Germany. Every night, with the children in bed, we ate outside under those amazing stars - a sight you do not see in the City. A truly magical week.
From the Owner
"Bardouly is a magnificent gem. Driving through it's gates is like being transported back in time to experience a gracious and peaceful holiday in a completely private setting. The interiors of the house have been designed to a five-star standard and in keeping with a traditional French manor house. At the same time all modern conveniences are provided. Everyone who visits Bardouly wants to come back. You can feel the sense of history here and the many celebrated figures who have spent time at the property from Charles de Gaulle to John D Rockefeller. Although most houses in the area have swimming pools, very few have tennis courts as we do, or the range of games and other sports equipment available to use on site. We have lived in the area for a number of years so we can organise any special outings in which you have an interest. We can arrange wine tasting evenings at the property, local vineyard/winery tours and we even have a foie gras producer who lives down the road who gives demonstrations of the process and tasting. We only work with the very best local chefs who use all locally grown natural ingredients in the food they prepare. You will be delighted with the truly gourmet food on offer, yet not gain a pound! The property boasts a purpose built wood floored 800 square foot indoor yoga studio and a 700 square foot outdoor platform. If you are a dedicated yogi, we can organise sessions for you as often as you would like during your stay. In addition, we run several dedicated yoga retreats every year."
Activity and Interests
Special interest holidays:
We offer yoga retreats and rent the property to yoga teachers/companies for yoga/wellness holidays. We have an 800 square foot purpose built indoor yoga studio and a 700 square foot outdoor yoga studio. See our website for the retreats offered in 2016. We are able to organise wine tasting tours, pilates, painting, writing and French language courses upon request. We can provide daily maid service, chefs, nannies and taxi service upon request. The property is ideal for family gatherings, birthdays, anniversaries and weddings. We have access to excellent catering, DJ, and fireworks. We can provide photos and recommendations for guests that have used the property for special events. Bergerac hosts a world re-known music festival the month of July including classical, pop/rock, folk and other types of music.
Beautiful riverside beach on the Dordogne is 5km from the house.
Spectacular lake with bird preserve 2km from the house.
2 small lakes on the property.
Atlantic ocean beach is about an hour and a half drive to Bordeaux.
Car hire or use of a car is essential for shopping, sightseeing, etc. Bergerac airport is 19km from the house. Toulouse airport is a two hour drive; Bordeaux airport is an hour and a half drive. Cars can be hired through all the major agencies at each airport. If driving from London, it is most convenient to take the overnight ferry from Portsmouth to St. Malo; the house is about a 6 hour drive from the port of St. Malo. There is a fast train from Paris to Libourne. House about 1 hr drive.
Bergerac (19km), Bastide town of Eymet (10km; 10 minute drive), market town of Issegieac (12k; 15 minute drive), Sarlat (one hour), Perigeiux (1.5 hours), Bordeaux (1 hour 15 minutes).
Further Details:
In the immediate area is a horse riding school, canoeing, fishing, and boat tours on the Dordogne. A balloon ride is a great way to get a panoramic view of the exquisite Dordogne valley. A 10 pin bowling alley is 15 minutes by car. We provide maps of historic walks, which showcase the natural beauty of the region and many of the churches, bastides and other buildings of note. The valley is ideal for keen biking enthusiasts because of the gently rolling hills. A spectacular son et lumeire show of the re-enactment of the 100 years war battle at Castillon is a short journey by car.
A trip to the world famous Marquessac Gardens is a must. About an hour and a half drive from the house, these ancient box trees have been magnificently laid out of a flattened hilltop which affords 360 degree views across the Dordogne Valley. It is just a short hop from there to the market town of Sarlat where you can enjoy a leisurely lunch, stop at a few of the market towns along the way back to Bardouly and be home in time for dinner.
We organise special wine tastings with local experts at the house as well as foie gras tastings for anyone interested.
Wine has been produced in the region for well over 400 years. Wine enthusiasts will find similar grapes to those found in Bordeaux. Many vineyards welcome visitors and offer tastings. Historical chateaux, gardens, and bastides abound. The prehistoric Caves of Lascaux are 90 minutes by car. Sight see and shop for antiques in the ancient market towns of Sarlat and Perigieux.
There are a plethora of restaurants in the area from the Michelin starred gourmet experience to the local pizzeria and brasseries that specialise in local Perigourdine fare.
Prices and Availability
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Rate 1
29 Apr 2017 - 1 Jul 2017
7 night minimum stay
for 7 nights
Rate 2
2 Jul 2017 - 1 Sep 2017
7 night minimum stay
for 7 nights
Rate 3
2 Sep 2017 - 28 Oct 2017
7 night minimum stay
for 7 nights
Rate 4
28 Apr 2018 - 26 May 2018
7 night minimum stay
for 7 nights
Rate 5
27 May 2018 - 30 Jun 2018
7 night minimum stay
for 7 nights
Rate 6
1 Jul 2018 - 1 Sep 2018
7 night minimum stay
for 7 nights
Rate 7
2 Sep 2018 - 28 Oct 2018
7 night minimum stay
for 7 nights
Additional pricing information
|Refundable Damage Deposit
|Pet Fee
Booking Notes:
A 25% deposit is required at time of the booking. We will send a two signed contracts; one for the tenant to keep and one to be returned to us. Full payment is required eight weeks before taking possession of the property. We require a security deposit of £1,000 prior to taking possession. We charge an end of stay cleaning fee of €300. Cancellation is minimum 120 days in advance or deposit lost. For summer bookings cancellation is by 1 December of the prior year (if booked more than a year in advance).
Changeover Day:
We are generally flexible, but we would prefer a Saturday changeover. Check-out is at 11am on Saturday and arrivals from 4pm on a Saturday.
Next section only allows for 3 guest comments; please contact us directly for many more guest comments.
Notes on prices:
Long lets are available - please contact the owner directly for details. If prices are not listed for a specific date you are interested in - please contact the owner directly.
Owner's Cancellation Policy
- 100% refund for cancellations more than 60 days before check-in date.
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"We enjoy the peace and privacy of our property and the chance to enjoy nature. Children can swim, play tennis and enjoy many other outdoor activities such as cricket, rugby, football, croquet and table tennis. The property is very convenient for a range of activities like horse riding, golf, canoeing, boating, fishing, bowling, visiting chateaux and gardens, walking and cycling. Not many properties can offer the privacy; and land and still have such easy access to so many activities and amenities. Number of guests at the property by agreement with the owner. For special occasions we can make 10 ensuite bedroom/bathrooms available for an additional charge."
Property Type
- chateau / country house
- Away From It All
- Family
- Historic
- Romantic
- Sports & Activities
- Tourist Attractions
- Fireplace
- Fitness Room / Equipment ...
- Hair Dryer
- Heating
- Internet ...
- Iron & Board
- Linens Provided ...
- Living Room ...
- Parking
- Towels Provided ...
- Tumble Dryer ...
- Washing Machine ...
- Coffee Maker ...
- Dishes & Utensils ...
- Dishwasher ...
- Freezer
- Kitchen ...
- Microwave ...
- Oven ...
- Refrigerator
- Hob ...
- Toaster
- Child's Highchair
- Dining ...
- Dining Room
- Books ...
- DVD Player ...
- Table Football
- Game Room ...
- Games ...
- Music Library ...
- Ping Pong Table
- Satellite / Cable ...
- Television ...
- Toys ...
- Video Games
- Video Library ...
Pool / Spa
- Heated Pool
- Private Pool ...
Onsite Services
- Concierge
- Massage
- Private Chef
- Staff
- children welcome
- pets considered
- suitable for elderly or infirm
- wheelchair accessible ...
Location Type
- river
- rural
- autumn foliage
- botanical garden
- caves
- churches
- cinemas
- forests
- live theatre
- pond
- restaurants
- winery tours
Leisure Activities
- bird watching
- horse riding
- scenic drives
- sight seeing
- walking
Local Services & Businesses
- ATM/bank
- Babysitter
- groceries
- hospital
- massage therapist
- medical services
Sports & Adventure Activities
- cycling
- fishing
- golf
- hiking
- hunting
- mountain biking
- caving
- swimming
- tennis
Floor Area
- 10000 sq. ft.
- Yellow Room Bathroom - Toilet, Shower Enclosure, Full standing shower
- Queen's Room Bathroom - Toilet, Shower Enclosure, Full standing shower
- Red Room Bathroom - Toilet, Bath with Shower, Shower Enclosure, Large bath tub with hand-held shower
- Green Room Bathroom - Toilet, Bath with Shower, Full bath tub with shower
- Balloon Room Bathroom - Toilet, Shower Enclosure, Full shower and two basins
- Driver's Room Bathroom - Toilet, Bath with Shower, Large free standing bathtub with beautiful shower facility
- Blue Room Bathroom - Toilet, Bath with Shower, Large bath with hand-held shower, two separate basins
- Butterfly Bedroom Bathroom - Toilet, Bath with Shower, Large bathtub with hand held shower
- Owl Bedroom Bathroom - Toilet, Shower Enclosure, Bidet
- Kitchen Hall Loo - Toilet, Basin
- Playroom Bathroom - Toilet, Shower Enclosure, Shower room adjacent to playroom
- Pool/Games Room Bathroom - Toilet, Shower Enclosure, Adjacent to Games Room and Swimming Pool
- 9 Bathrooms All bedrooms have en-suite bathrooms . Four bedrooms equipped with baths, hand held showers, sinks, wc. Two bedrooms equipped with bathtubs and in bath showers (hi and hand-held), sinks, wc. 3 bedrooms equipped with showers, sinks, wc All bathrooms are equipped with hair dryers.
- 9 Bedrooms, Sleeps 16
- Blue Room - 1 Extra Lg. Double Bed
- Yellow Room - 1 Extra Lg. Double Bed
- Queen's Room - 1 Extra Lg. Double Bed
- Red Room - 2 Single Bed
- Green Room - 2 Single Bed
- Balloon Room - 2 Single Bed
- Driver's Room - 1 Double Bed
- Butterfly Room - 1 Extra Lg. Double Bed
- Owl Room - 2 Double Bed
- More guests can be accommodated by special request and fee. One additional bedroom can be let by special arrangement (for total of 10 bedrooms) and fee. All bedrooms are equipped with a chest of drawers, armoire with hangers, desk and chair, reading chairs or sofas, bedside lamps, reading/desk lamps, overhead lighting, bedside clocks, water glasses. All beds have good quality mattresses, and linens are high thread count Egyptian cotton. Pillows are duck/goose feathers; non-allergenic pillows available upon request.
- Terrace
- Golf ...
- Kayak / Canoe ...
- Garden
- Barbecue
- Tennis ...
- Self-catering
Learn more about this holiday rental at the owner's website
- Notes on accommodation: Special separate games room with table tennis and foosball with an attached shower room (wc and sink). Boules court, croquet lawn, badminton court and football goals. Extra bedrooms can be opened up to accomodate more people by special request. Special play area for kids with swings, sandpit and other play activities. Outside: The property includes a private heated swimming pool (with Roman steps). There are three outside eating areas: 1) in front of the kitchen is a teak dining table, with an umbrella, and seats 20. This area benefits from sun throughout the day and easy access to the kitchen for serving. 2) The second area is the east terrace outside the main living rooms. It is shaded by mature lime trees with views across the valley. There is a dining table with seating for up to 14. 3) The third eating area is at the pool, shaded by umbrellas and easy access to the guest house kitchen which seats 20. There are 20 sun loungers, 7 occasional tables, and five umbrellas at the pool. The property has a mature orchard with cherry, peach, plum, apricot, pear, apple, and fig trees. Wild blackberries abound throughout the estate. A walled rock garden with fountain sits behind the pool area; it is sunny throughout the day and an oasis of peace. The hard surfaced tennis court sits behind the house. Utility Room: Large sink, ironing board, iron, washing machine (2), dryers (2). Cleaning / Towels / Linen / Maid service: Towels and linen are included. A housekeeper comes twice a week and the towels and linen are changed once a week. Additional housekeeping is available for an extra charge. Chef service available by request. Fresh croissants and bread can be delivered. Other: Family room includes satellite TV, DVD player, large selection of dvds and books, stereo, Wii, numerous board games and toys for children. This room also has a sofa bed and en-suite shower room. Games room with table tennis and foosball & shower room.


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Grey Gucci Stretch Mesh Knit Ribbed Sleeveless Top$195
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Business Insider IndiaThe rivalry between the two best smartphone makers continues. Samsung unveiled its new flagship smartphone, the Galaxy S5, a month back and it's pretty awesome.So awesome, in fact, that it does a lot of things that Apple's latest iPhone can't do (and we're not even including the differences between iOS and Android's OS).
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The Hot Dudes Of Holy Ghost! Are Replaced By Their Dads In Their "Wait & See" Video
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The Secret World of Tiny Phones That Go Inside Your Butt
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Sexy and sad statues and portraits of young men cover the halls of Fire Island's most notorious, clothing-optional luxury hotel.
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United States District Court, Second Circuit
October 11, 2013
SELAM SELAH, Plaintiff,v.BRIAN FISCHER et al., Defendants.
Selam Selah, Pro Se, 08-B-2266, Clinton Correctional Facility, Dannemora, NY, for the Plaintiff.
CHRISTOPHER W. HALL, ESQ., Assistant Attorney General, HON. ERIC T. SCHNEIDERMAN, New York State Attorney General, Albany, NY, for the Defendants.
GARY L. SHARPE, Chief District Judge.
I. Introduction
Plaintiff pro se Selam Selah commenced this action against defendants Brian Fischer, Abuna Foxe, Fr. Mantzouris, Morris, Bellamy, Taylor, Deacon Killian, and the New York State Department of Correctional Services (DOCCS), pursuant to 42 U.S.C. § 1983, alleging deprivation of his First Amendment rights under the United States Constitution and his rights under the Religious Land Use and Institutionalized Persons Act (RLUIPA).[1] (Am. Compl., Dkt. No. 84.)[2] Defendants moved for the entry of judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c).[3]
In a Report-Recommendation and Order (R&R) filed August 2, 2013, Magistrate Judge David E. Peebles recommended that defendants' motion be denied with respect to Fischer, Morris, Foxe, Taylor, and Killian, and granted with respect to Mantzouris, Bellamy, and Leonard.[4] (Dkt. No. 165.)[5] Thereafter, defendants and Selah filed timely objections. (Dkt. Nos. 168, 173, 174, 175.)[6] For the reasons that follow, the R&R is adopted in its entirety.
II. Standard of Review
Before entering final judgment, this court routinely reviews all report and recommendation orders in cases it has referred to a magistrate judge. If a party has objected to specific elements of the magistrate judge's findings and recommendations, this court reviews those findings and recommendations de novo. See Almonte v. N.Y. State Div. of Parole, No. 04-CV-484, 2006 WL 149049, at *3, *5 (N.D.N.Y. Jan. 18, 2006). In those cases where no party has filed an objection, only vague or general objections are filed, or a party resubmits the same papers and arguments already considered by the magistrate judge, this court reviews the findings and recommendations of the magistrate judge for clear error.[7] See id. at *4-5.
III. Discussion
The court addresses defendants' objections and Selah's Objections in turn.
A. Defendants' Objections
Defendants have filed specific objections, thus the court will conduct a de novo review. All of defendants' objections are based on personal involvement. First, defendants argue that Fischer, Foxe, and Morris were not personally involved because Selah failed to identify the discriminatory religious policies, or specify the misconduct of each defendant, the date or approximate date of the misconduct, where the misconduct occurred, or the nexus between the misconduct and Selah's alleged injuries. (Dkt. No. 168 at 1-3.) Second, defendants argue that Killian was not personally involved because he "did not make any decisions himself regarding [Selah's] requests for religious accommodations, " and, instead, "acted as a messenger for [Selah's] religious requests." ( Id. at 4.) Third, defendants argue that Taylor was not personally involved by virtue of his receipt of, and failure to respond to, Selah's grievances and that Judge Peebles erred in relying on Grullon v. City of New Haven, 720 F.3d 133 (2d Cir. 2013). ( Id. at 5-6.)
"It is well settled in this Circuit that personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under [section] 1983.'" Wright v. Smith, 21 F.3d 496, 501 (2d Cir. 1994) (quoting Moffitt v. Town of Brookfield, 950 F.2d 880, 885 (2d Cir. 1991)).[8] Thus, supervisory officials may not be held liable merely because they held a position of authority. Id. However, supervisory personnel may be considered "personally involved" if:
(1) [T]he defendant participated directly in the alleged constitutional violation, (2) the defendant, after being informed of the violation through a report or appeal, failed to remedy the wrong, (3) the defendant created a policy or custom under which unconstitutional practices occurred, or allowed the continuance of such a policy or custom, (4) the defendant was grossly negligent in supervising subordinates who committed the wrongful acts, or (5) the defendant exhibited deliberate indifference to the rights of inmates by failing to act on information indicating that unconstitutional acts were occurring.
Colon v. Coughlin, 58 F.3d 865, 873 (2d Cir. 1995).
1. Fischer, Foxe, and Morris
Selah adequately pleaded personal involvement of Fischer, Foxe, and Morris. The amended complaint states that Foxe was personally involved because she "assisted defendants Fischer and Morris in creating the policies and regulations allegedly responsible for violating plaintiff's rights when they consulted with her." (Am. Compl. ¶ 31.) The amended complaint further states that Fischer and Morris "consulted with and relied on... Abuna Foxe to assist in authoring and promulgating [DOCCS] rules, directives, regulations and policies concerning... [the Ethiopian Orthodox Christian] [religion], " which "the Defendants... have used to subject [Selah]... to religious discrimination and deprivations." ( Id. )
Consistent with Colon, 58 F.3d at 873, Selah's amended complaint can be construed to allege that Fischer, Foxe, and Morris are responsible for promulgating policies that infringe upon Selah's right to practice his chosen religion.[9] This reading of the amended complaint is also consistent with the court's duty to liberally construe a pro se plaintiff's pleading, particularly at this early juncture. Gould v. Russi, 830 F.Supp. 139, 142 (N.D.N.Y. 1993). Accordingly, defendants' motion is denied with respect to Fischer, Foxe, and Morris.
2. Killian
Selah also adequately pleaded personal involvement of Killian. Specifically, Selah contends that Killian was personally involved because he failed to afford Selah "meaningful or effective relief and redress to his requests" for religious accommodations and did not "resolve the grievances and complaints about the religious discrimination addressed to [Killian]." (Am. Compl. ¶ 32.) Further, Selah included a DOCCS job description for a chaplain, in his opposition, which indicates that chaplains are responsible "for meeting the needs of inmates who ascribe to less well-known religious faiths." (Dkt. No. 143, Attach. 1 at 2.) Additionally, Selah submitted evidence that Killian received and responded to his requests for accommodations. Also, Selah was instructed to communicate his requests to Killian directly. (Dkt. No. 146 at 8.)
In their objections, defendants argue that Killian lacked the authority to remedy the alleged constitutional violations. (Dkt. No. 168 at 4.) This, however, appears to be a question of fact. ( See Dkt. No. 143, Attach. 1 at 2.) At this juncture, discovery and further development of the record are necessary. Consequently, Selah's allegations against Killian are sufficient to show personal involvement. Accordingly, defendants' motion is denied with respect to Killian.
3. Taylor
Finally, Selah adequately pleaded personal involvement of Taylor. Specifically, Selah alleged that Taylor was personally involved because he did not afford Selah "any meaningful or effective relief and redress to his requests for religious accom[m]odations" or "assist [him] to resolve the grievances and complaints about the religious discrimination addressed to [him]." (Am. Compl. at ¶ 32.) In light of the Second Circuit's recent decision in Grullon, as Judge Peebles stated, Selah's allegation that Taylor did not respond to the grievances and complaints that Selah sent to him was sufficient to satisfy the personal involvement pleading requirement. (R&R at 19.)[10]
Defendants argue that Judge Peebles' reading and application of Grullon was incorrect for two reasons. (Dkt. No. 168 at 5-6.) First, defendants argue that the amended complaint "does not allege [that] plaintiff sent Taylor anything, let alone when and how." ( Id. at 6.) This objection is without merit. Given the liberal pleading standard afforded to a pro se plaintiff, Selah is entitled to have the court "draw the reasonable inference... that [Taylor] in fact received the [grievance], read it, and thereby became aware of the alleged conditions of which [Selah] complained." Grullon, 720 F.3d at 141. Thus, defendants' objection fails.
Second, defendants contend that post- Grullon case law mandates a dismissal of the amended complaint. (Dkt. No. 168 at 6.) Defendants point the court to Liner v. Fischer, No. 11-civ-6711, 2013 WL 4405539 (S.D.N.Y. Aug. 7, 2013). In Liner, however, the defendant was dismissed because the plaintiff sent a letter to the defendant before the plaintiff's claims even arose. Id. at *4. Defendants also cite Eldridge v. Williams, No. 10-civ-0423, 2013 WL 4005499 (S.D.N.Y. July 30, 2013), but Eldridge was decided on a motion for summary judgment, after the defendants submitted evidence that they lacked the authority to remedy any of the alleged violations. Id. at *5-6. Accordingly, Selah has, at this stage, satisfied the personal involvement pleading requirement and defendants' motion is denied with respect to Taylor.
B. Selah's Objections
Selah's objections are general in part and specific in part, thus the review will be for clear error and/or de novo review where appropriate. (Dkt. Nos. 173, 174, 175.) First, Selah appears to object generally to Judge Peebles' conclusion that Selah's allegations against defendants as a group are insufficient. (Dkt. No. 173 at 3; Dkt. No. 175 at 1.) This objection is a repeat of his previous arguments. (Dkt. No. 175 at 1; 173 at 4.)[11] Having reviewed the R&R for clear error, and finding none, this objection is without merit.
Second, Selah, for the first time, offers additional facts about Bellamy, Leondard, and Mantzouris, and argues that Judge Peebles improperly dismissed them. (Dkt. No. 173 at 1-3.) This "objection, " while specific, is insufficient to compel de novo review. These new facts include specifics about Bellamy, Leonard, and Mantzouris' involvement in the grievance process, and how they "played a role in reviewing and responding to [Selah's] grivance[s]." (Dkt. No. 173 at 3.)[12] As mentioned, these facts were not pleaded in Selah's amended complaint or mentioned in his oppositions to defendants' motion for judgment on the pleadings. (Dkt. Nos. 143, 146.) "Generally, courts do not consider such new arguments' or new evidence' raised in objections to a magistrate judge's report and recommendation that could have been raised before the magistrate but were not, '" and this court declines to do so here. Chalsani v. Daines, No. 10-CV-1978, 2011 WL 4465408, at *1 (E.D.N.Y. Sept. 26, 2011) (quoting Illis v. Artus, No. 06-civ-3077, 2009 WL 2730870, at *1 (E.D.N.Y. Aug. 28, 2009)). Thus, Selah's objection is without merit. Accordingly, the R&R is adopted with respect to Bellamy, Leonard, and Mantzouris.
IV. Conclusion
Having reviewed the remainder of the R&R for clear error, the court finds no error and therefore adopts that remaining portion of the R&R.
WHEREFORE, for the foregoing reasons, it is hereby
ORDERED that Magistrate Judge David E. Peebles' August 2, 2013 Report-Recommendation and Order (Dkt. No. 165) is ADOPTED in its entirety; and it is further
ORDERED that defendants' motion for judgment on the pleadings (Dkt. No. 136) is GRANTED in part, and DENIED in part as follows:
GRANTED to the extent that Selah's claims against defendants Mantzouris, Bellamy, and Leonard are DISMISSED, without leave to replead; and DENIED in all other respects; and it is further
ORDERED that the Clerk provide a copy of this Memorandum-Decision and Order to the parties.
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Progress has been made in identifying the brain structures and processes associated with depression using a variety of functional imaging strategies
Generally studies show that depressed patients have striking bilateral and frontal hypometabolism in the inferior frontal lobe when compared with matched nondepressed patients.
Further studies of the anterior insula show hypometabolism in unipolar depressed patients but hypermetabolism in bipolar patients


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Hindhead Road
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Hidden away in 32 beautiful acres of wooded Surrey countryside and easily accessible from the M25 and A3, De Vere Venue Branksome Place is a wonderful blend of old and new with a light and airy ambience. The hotel features 60 rooms with TV, hospitality tray and high speed internet access. A restaurant and bar, tennis courts, football pitch, croquet on the lawn and a fitness room are some of the excellent facilities available to guests.
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Heritage Rated from 1- 5 (low-exceptional) on historic interest
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4775 N. Church Lane SE, Atlanta, GA , 30339, GA (map)
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Bring card games, board games, snacks, drinks, etc. We have a bottle opener, so beer is welcome. If little kids come, try not to play some of the more adult games, but other than that, have fun! Usually people stay until 5-6 or so.
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Everything posted by runescapesam1
runescapesam1 posted a topic in RequestsSo can anybody possbily make a script where you mark 2 spots and when you click a buttion it will run to spot and back, so i could afk train in sandcrabs and when i away i can use teamviewer on my phone and click the button to reset aggro?
runescapesam1 replied to runescapesam1's topic in Requestsi mean manually resetting, script will only do the walking, should look like that, i mark 2 spots on the map with script and when i push the button the char. will move from a to b and back to a dunno if u understand what im sayn
runescapesam1 posted a topic in GoalsEverything is going to be done with hand, no bots. im looking for help from community, what would be best to farm with max accounts and best ways to train accounts together. i quited from my job and trying to make living with playing rs07 now. info i need: what quests to do places to afk train what gear to wear Goal MAX OUT WITH 6 ACCOUNTS SUB-Goals P2P (6/6) Bought with irl money 40-40-40 (6/6) 40-70-40 (0/6) 70-70-40 (0/6) 70-70-70 (0/6) 50 range/43 prayer (0/6) - Fire Cape NMZ Quest Stats (1/6) NMZ Quests ( Imp Catcher, Witch's Potion, Witch's House, Waterfall Quest, Lost City, Fight Arena, Vampire Slayer ) (1/6) 80-80-80 (0/6) 90-90-90 (0/6) DAY 1 DAY 2 DAY 3 DAY 4
if you google most cheapest citys or countrys to live u will find estonia
ye i could say that they all speak english very well , you are welcome, u can stay in my house
updated, got 1 acc done with quests and quest stats, grinding now 70-70-70
and also i dont think you can find that cheaply 70/70/70 accounts.
i really appreciate your text, but right now i think im fine with 6 , i have high rep in account selling @ playerauction site, so it would not be a problem, but right now i really dont know if i wanna sell those accounts or go boss farm.
yeah, np, like to discuss with people, would anybody say what would be the best order to quest the quests i listed on the 1st page?
ty <3, just got all 40/40/40, had to take like 10h break so that slowed down.
what about whip and using absorption potions? should be way faster?
gonna get 2nd account p2p soon too. landed rare drop.
Best way to train att-str-def? in what order i should train stats? im going to get 70-70-70 in sandcrabs, should get str 70 first and then att and after that def?
what the fuck happend here :D, im living alone, i already said that im making like 600€ just buying - reselling stuff per month, my rent costs like 200€ so yeah. living in estonia is cheap as fuck, minimal wages starting around 400€.
dunno i have maxed account and im doing 20m per day with zulrah, 600m per month, theres a difference if you love the job u doing vs u have the job.
it would be such a time/money waste if i get banned with 90-90-90 stats.
cause im earning same money doing some selling-buying from home, just wanna earn some more cash. dunno if its going to work or nah, one way to find out.
runescapesam1 posted a topic in Computer HardwareHei tribot community, i would like to build a decent computer what could run stable 8 bots? so i imagine i need to focus on processor and ram? what about video card? maybe someone can link the parts that should be efficent and useful? thanks
runescapesam1 replied to Montreal's topic in ServicesAdd me on skype: richardreintal.reintal Cannot buy proxy it says, Denied, you submitted an invalid username. Please verify that ur username is correct: blablabla help pls!
runescapesam1 posted a topic in ServicesHello Tribot Community, we are ready to powerlevel your account the stats you need. Add from here - http://hatscripts.com/addskype/?markoragnarnilk How to order: Bot name - Amount of account - Payment method - Skype name -
runescapesam1 replied to runescapesam1's topic in Servicesup
runescapesam1 replied to runescapesam1's topic in Servicesup
runescapesam1 replied to runwithit's topic in Servicesadd me skype markoragnarnilk
runescapesam1 replied to runescapesam1's topic in Servicesup


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