Howard Rote Case Summary

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On December 17, 2014, Plaintiff Howard Rote Jr., an inmate housed at the Western
Correction Institution brought suit arising from various incidents during his incarceration at various institution within the Department of Public and Correctional Services. ECF Document 1. Mr. Rote’s complaint alleged a myriad of allegations but listed no time frames or dates for any of the allegations. In an effort to gain clarity regarding Mr. Rote’s complaint, undersigned counsel (herein after “State Defendant’s Counsel”) filed a Motion for More Definite Statement. ECF Document 10. The motion contained what was believed to be a compilation of Mr. Rotes claims and requested that Plaintiff provide “provide a date or, at the least, a month and year in which each …show more content…

The confiscation of hearing aids and denial of access to TTY equipment on multiple occasions.
b. Two alleged assaults:
i. On Christmas Eve, Officer Brickman allegedly pushed Rote out of a door and caused his wheelchair to flip into ice and snow injuring him; and ii. Case managers Bennett and Yates allegedly called Rote behind door 6 and “jumped him.”
b. Harassment and retaliation by mental health and medical staff and by Correctional Officers Scarppi, Davis, R.C. King and Sergeant Femi, who were correctional officers assigned to work in the medical department.
c. The search of Rote’s cell #2B3 in Building 2. For this claim, Rote is also directed to identify the search of his cell.
d. The failure by unidentified correctional staff to respond Rote’s complaints of head pain. For this claim, Rote is also directed to identify the staff member he alleges was involved in this incident, and why he believes the staff member acted with deliberate indifference to his serious medical needs.

ECF Document 17, at pp. 1-2. Mr. Rote was cautioned that “Failure to comply with this Order may result in dismissal of all or part of his claims.” Id. at p. 2, ¶2.
II. Factual Background.
To date, Mr. Rote has failed to satisfactorily comply with the Court’s

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