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17-1947 - Shand v. Chapalaine et al


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17-1947 - Shand v. Chapalaine et al
January 3, 2018
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INITIAL REVIEW ORDER: All claims against Chapdelaine, Hines, and Guadarrama are dismissed. Shands Fifth and Fourteenth Amendment claims are dismissed. Shands Eighth Amendment claims for excessive force and deliberate indifference to medical needs and state law assault and battery claims may proceed against Rivera, Raines, Mancini, and Does 14 in their individual capacities for damages. The Clerk shall verify the current work addresses for Rivera, Raines, and Mancini with the Department of Correction Office of Legal Affairs, mail a waiver of service of process request packet containing the Complaint to each defendant at the confirmed address within twenty-one (21) days of this Order, and report to the Court on the status of the waiver request on the thirty-fifth (35) day after mailing. If a defendant fails to return the waiver request, the Clerk shall make arrangements for in person service by the U.S. Marshal Service on him or her, and the defendant shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d). Because Shand has not identified John Does 14 by name, the Clerk is not able to serve a copy of the Complaint on those defendants in their individual capacities. Shand must, within ninety (90) days of the date of this Order, conduct discovery and file a notice indicating the first and last name of those four defendants. If Shand files the notice, the court will direct the Clerk to effect service of the Complaint on those defendants in their individual capacities. If Shand fails to identify those defendants within the time specified, his claim against them will be dismissed pursuant to Fed. R. Civ. P. 4(m). Rivera, Raines, Mancini, and Does 14 (if identified) shall file their response to the Complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules. Discovery due by 7/3/2018 Dispositive Motions due by 8/3/2018 Signed by Judge Janet C. Hall on 1/2/2018.(Lewis, D)