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17-541 - Gordon v. Neeson et al


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17-541 - Gordon v. Neeson et al
January 24, 2018
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ORDER DISMISSING AMENDED COMPLAINT IN PART re 8 - Signed by JUDGE DERRICK K. WATSON on 1/24/2018. "(1) Damages claims against all Defendants in their official capacities and claims asserted under the Eighth Amendment are DISMISSED with prejudice. (2) Claims alleging retaliation under the First Amendment and state law claims of assault and battery are DISMISSED without prejudice. (3) Claims asserted against Doe Defendants 1-10, Francis Sequeira, and Shari Kimoto are DISMISSED without prejudice. (4) Claims against Defendants Dr. Thomas Craig, III, Paul Neeson, Gary Kaplan, and Keoni Morreira in their individual capacities state a plausible claim for relief as limited by this Order and may be served. (5) Gordon may file an amended pleading that cures the noted deficiencies in his claims on or before February 26, 2018." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Scott Gordon served by first class mail to the address of record on January 24, 2018. A copy of the court's Prisoner Civil Rights Complaint and its Instructions shall be included in the mailing to Mr. Gordon.
February 22, 2018
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ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR RECONSIDERATION AND/OR TO ALTER OR AMEND JUDGMENT re 10 - Signed by JUDGE DERRICK K. WATSON on 2/22/2018. "The Motion for Reconsideration and/or to Alter or Amend Judgment is GRANTED IN PART AND DENIED IN PART. Reconsideration of the dismissal of declaratory and injunctive relief claims against all Defendants in their official capacities is DENIED. Claims alleged under the Eighth Amendment against Defendants Dr. Thomas Craig, III, Paul Neeson, Gary Kaplan, and Keoni Morreira in their individual capacities state a plausible claim for relief as limited by this Order and will be permitted to proceed. All other claims, even when viewed through the lens of the Eighth Amendment, remain DISMISSED as set forth in the January 24 Order. Gordon may file an amended pleading that cures the deficiencies in those claims that were dismissed with leave to amend on or before March 23, 2018." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Scott Gordon shall be served by first class mail to the address of record on February 23, 2018. A copy of the court's Prisoner Civil Rights Complaint form and its instructions shall be included in the mailing to Mr. Gordon.
April 3, 2018
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ORDER DISMISSING FIRST AMENDED COMPLAINT IN PART AND DIRECTING SERVICE re 14 - Signed by JUDGE DERRICK K. WATSON on 4/3/2018. Gordon's claims against CO Doe Defendants 3 and 4 are DISMISSED. Claims against Defendant Gary Kaplan are DISMISSED. "Claims against Defendants Dr. Thomas Craig, Paul Neeson, Keoni Morreira,and Classification CO Doe Defendants 1 and 2, when they are identified, are suitable for service. These Defendants are required to file a response after service is perfected. See 42 U.S.C. ยง 1997e(g)(2). Claims against Defendant Francis Sequeira are DISMISSED with prejudice. All other claims against all other Defendants are DISMISSED without prejudice. "(2) Per agreement with the Hawaii Department of Public Safety ("DPS"), the Clerk shall provide by electronic means to DPS liaison Shelley Harrington, Esq. : (a) a copy of the First Amended Complaint, ECF No. 14, and three COMPLETED NOTICE OF LAWSUIT AND REQUEST FOR WAIVER OF SERVICE OF SUMMONS forms AO 398, one each for Defendants Craig, Neeson, and Morreira; and (b) three COMPLETED WAIVER OF SERVICE OF SUMMONS forms AO 399, one each for Defendants Craig, Neeson, and Morreira." (emt, ) Modified on 4/3/2018 (emt, ).