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14-10461 - Johnson v. United States


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14-10461 - Johnson v. United States
June 20, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 6/20/2016: For the reasons stated in the accompanying Memorandum Opinion and ORder, the Court grants summary judgment in favor of defendants on count three but otherwise denies defendants' motion for summary judgment [dkt. no. 38]. The Court will conduct a Pavey hearing to determine whether prison officials prevented Johnson from exhausting administrative remedies on count two. The Court also dismisses Johnson's FTCA claims based on failure to protect against retaliation by Bureau of Prisons personnel and non-medical personnel's negligent failure to respond to his medical needs, but otherwise denies the government's motion to dismiss [dkt. no. 42]. Johnson may proceed on his FTCA claim based on his allegations that the government breached its alleged duty to protect him against known risks of harm. If Johnson wishes to proceed on his FTCA claim sounding in professional negligence, he must submit a certificate of merit as required under Illinois law by no later than Monday, August 22, 2016. If a qualified person is unwilling or unable to provide a certificate of merit without an in-person evaluation, Johnson must provide documentation to the Court by no later than Wednesday, July 13, 2016. The case remains set for a status hearing on June 21, 2016 at 9:30 a.m. as previously ordered. (mk)
December 27, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 12/27/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court overrules defendants' exhaustion defense with regard to Count 2, Johnson's claim of denial of medical care. The case is set for a status hearing on January 5, 2017 at 9:30 a.m. in order to set a schedule for the remainder of discovery and pretrial proceedings. (mk)