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14-312 - Howarth v. Boundary Community Hospital et al


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14-312 - Howarth v. Boundary Community Hospital et al
September 30, 2016
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MEMORANDUM DECISIONS AND ORDER ON MOTION FOR SUMMARY JUDGMENT - 1. The Defendants Motion for Summary Judgment (Dkt. 29) is hereby GRANTED IN PART AND DENIED IN PART. The motion is DENIED as to Defendants Colby, Elam, Pew, McClelland and Sprungl, and also DENIED as to Boundary County, Boundary County Detention Facility, and the Boundary County Sheriffs Office. The motion is GRANTED as to Defendants Van Meter, Schmitt, Hoff, and Rantlett. 2. Defendants Motion is also GRANTED to the limited extent that it challenged the legal sufficiency of supervisory liability claims against the Institutional Defendants, arising from allegedly inadequate training of detention deputies with respect to the necessity of conducting thirty minute checks on inmates. In all other respects besides those expressly mentioned in this order, the motion is denied. 3. The remainder of Defendants Motion to Strike (Dkt. 44), which challenged the admissibility of the Gravette Declaration on the basis that it gave impermissible opinions on ultimate legal conclusions is hereby DENIED. Defendants, however, may raise more tailored challenges to the admissibility of expert opinion on the topic of deliberate indifference in the context of pretrial motions in limine. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
April 26, 2018
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MEMORANDUM DECISION AND ORDER It is hereby ORDERED that Howarth's Motion for Ruling on Allocation of Fault (Dkt. 91) is DENIED to the extent that it seeks an order from this Court prohibiting Dr. Luther from presenting evidence and argument aF) by (jp)t trial that fault and damages for Howarth's claim should be apportioned to the Jail Defendants. Signed by Judge Ronald E. Bush. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NE