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18-446 - Trowell v. Theodarakis


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18-446 - Trowell v. Theodarakis
July 2, 2018
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ORDER. In accordance with the analysis set forth in the attached, the court enters the following orders:(1) The Eighth Amendment verbal harassment and sexual verbal harassment claims, the Fourteenth Amendment equal protection/discrimination claims, the "targeting" claim and the ADA claim are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1). The court declines to exercise supplemental jurisdiction over any state law claims, including the claim for battery and the claim for a civil hate crime. If the plaintiff chooses to appeal this decision, he may not do so in forma pauperis, because such an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). The Clerk shall enter judgment for the defendant and close this case; and (2) Within thirty days of the date of this order, the plaintiff may move to reopen this action and to file an amended complaint if he can allege facts to support a claim that the verbal statements or other conduct by Officer Theodarakis caused an inmate to rape, sexually assault or physically harm him in violation of his Eighth Amendment right to safe conditions of confinement or caused him to suffer mental health problems in violation of his Eighth Amendment right to health. Each claim must be supported by facts that indicate the dates on which any incidents occurred, describe the involvement of the defendant in any incidents and explain how the defendant violated the plaintiff's constitutionally or federally protected rights. Signed by Judge Michael P. Shea on 7/2/2018. (Self, A.)