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04-1687 - Benge v. Scalzo, et al


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04-1687 - Benge v. Scalzo, et al
December 21, 2006
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ORDER denying as moot 16 Motion to Dismiss Case; denying without prejudice 28 Motion to Dismiss Case. Dfts must file an answer within 10 days of the date of this Order. Signed by Judge David G Campbell on 12/20/06.(DNH)
May 21, 2008
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ORDER granting in part and denying in part 56 Motion for Summary Judgment as follows: the motion is denied as to the Eighth Amendment claim in Count Iagainst Defendant Sines in his individual capacity; the motion is granted as to the Eighth Amendment claim in Count I against Defendant Scalzo in his individual capacity; the motion is granted as to the Eighth Amendment claim in Count III against all Defendants in their official capacity. The Clerk must dismiss Counts II and IV. The Clerk must dismiss Scalzo and CHS as Defendants. The Clerk must dismiss Count III. The Court will set a Final Pretrial Conference by separate order. Signed by Judge David G Campbell on 05/21/08.(DNH)