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17-066 - Mischler v. Bevin et al


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17-066 - Mischler v. Bevin et al
March 28, 2018
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MEMORANDUM OPINION & ORDER: 1. Plaintiff Mischler's Emergency Motion for Preliminary Injunction [R. 6] is DENIED; 2. The Motion to Dismiss filed by Defendant Stites & Harbison [R. 14] is GRANTED and the claims asserted by Plaintiff Mischler against Defendant Stites & Harbison are DISMISSEDWITH PREJUDICE; 3. The Motion to Dismiss filed by Defendant Sally Brenzel [R. 15] is GRANTED, and the claims asserted by Plaintiff Mischler against Defendant Sally Brenzel are DISMISSED WITH PREJUDICE; 4. The Motions to Dismiss filed by Defendant Selena Woody Stevens [R. 16; R. 24] are GRANTED, and the claims asserted by Plaintiff Mischler against Defendant Selena Woody Stevens are DISMISSED WITH PREJUDICE; 5. The Motion to Dismiss filed by Defendants Andy Beshear, Craig Newborn, and Jeffrey Prather [R. 19] is GRANTED, and the claims asserted by Plaintiff Mischler against Defendants Andy Beshear, Craig Newborn, and Jeffrey Prather in their official capacities are DISMISSED WITH PREJUDICE; 6. The Motion to Dismiss filed by Defendants Matt Bevin, Debbie Dile, Jane Doe, Timothy Feeley, Emily Gray-Jones, Shereena Hamilton-Spurlock, Mike Hartlage, Gwen Hatfield, Susan Howard, Latoya Jones, Kathy Larder, Zack Ousley, Wilma Taylor, Debra Wilcox-LeMaster, Mona Womack, and Deborah Webb [R. 29] is GRANTED, and the claims asserted by Plaintiff Mischler against Defendants Matt Bevin, Debbie Dile, Jane Doe, Emily Gray-Jones, Shereena Hamilton-Spurlock, Mike Hartlage, Gwen Hatfield, Susan Howard, Latoya Jones, Kathy Larder, Zack Ousley, Wilma Taylor, Debra Wilcox-LeMaster, Mona Womack, and Deborah Webb in their official capacities are DISMISSED WITH PREJUDICE; 7. The Motion to Dismiss filed by Defendants John David Preston and Janie Wells [R. 43] is GRANTED, and the claims asserted by Plaintiff Mischler against Defendants John David Preston and Janie Wells are DISMISSED WITH PREJUDICE; 8. The Motion to Dismiss filed by Defendants Joseph Lambert, Lewis Nicholls, and Julie Paxton [R. 49] is GRANTED, and the claims asserted by Plaintiff Mischler against Defendants Joseph Lambert, Lewis Nicholls, and Julie Paxton are DISMISSED WITH PREJUDICE; 9. The Motion to Dismiss filed by Defendants Emily Gray-Jones, Shereena Hamilton-Spurlock, Zack Ousley, Deborah Webb, and Debra Wilcox-LeMaster [R. 52] is GRANTED, and the claims asserted by Plaintiff Mischler against Defendants Emily Gray-Jones, Shereena Hamilton-Spurlock, Zack Ousley, Deborah Webb, and Debra Wilcox-LeMaster in their individual capacities are DISMISSED WITH PREJUDICE; 10. The claims asserted by Plaintiff Mischler against Defendant Howard Keith Hall in his official capacity are sua sponte DISMISSED WITH PREJUDICE; 11. The claims asserted by Plaintiff Mischler against Defendants Howard Keith Hall, Timothy Feeley, Susan Howard, Kathy Larder, Latoya Jones, Wilma Taylor, Mike Hartlage, Gwen Hatfield, Jeffrey Prather, Craig Newborn, Mona Womack, and Debbie Dile in their individual capacities are sua sponte DISMISSED WITH PREJUDICE; 12. The Motions for Sanctions filed by Defendants Matt Bevin, Stites & Harbison, Emily Gray-Jones, Shereena Hamilton-Spurlock, Zack Ousley, Deborah Webb, and Debra Wilcox-LeMaster [R. 30; R. 32; R. 53] are GRANTED; 13. Ms. Mischler is ORDERED to seek permission from this Court before filing any future litigation, demonstrating that the claim(s) she intends to assert are not frivolous and that the suit is not brought for an improper purpose; 14. Ms. Mischler is WARNED that future frivolous litigation will result in monetary sanctions; and 15. This matter is STRICKEN from the Court's active docket. Signed by Judge Gregory F. VanTatenhove on 3/28/2018.(AKR)cc: COR, paper copy to Plaintiff via US Mail