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15-2251 - Bryant v. Gusman et al


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15-2251 - Bryant v. Gusman et al
December 10, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS re 8 MOTION to Dismiss for Failure to State a Claim pursuant to F.R.C.P. 12(b)6 filed by Marlin N. Gusman; RECOMMENDED that sheriff Gusman's motion to dismiss, Rec. Doc. 8, be GRANTED IN PART AND DENIED IN PART. It is recommended that the motion be GRANTED with respect to the individual-capacity claim for deliberate indifference to plaintiff's "serious mental health needs," and it is further recommended that claim be DISMISSED WITHOUT PREJUDICE. It is further recommended that the motion be DENIED in all other respects. FURTHER RECOMMENDED that the official-capacity claim against Sheriff Gusman for deliberate indifference to plaintiff's "serious mental health needs" be DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B) for failure to state a claim on which relief may be granted. FURTHER RECOMMENDED that the claims against Louis Monroe be DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B) as frivolous. FURTHER RECOMMENDED that the claims against Sheriff Gusman that plaintiff's federal constitutional rights were violated when he was not protected "from dangerously violent conditions of confinement" be allowed to proceed pending further development and that this matter be recommitted to the undersigned United States Magistrate Judge. Objections to R&R due by 12/24/2015. Signed by Magistrate Judge Daniel E. Knowles, III on 12/10/2015.(cms)
January 6, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 19. ORDER that Sheriff Gusman's motion to dismiss 8 is GRANTED IN PART AND DENIED IN PART, as stated herein. FURTHER ORDERED that the official-capacity claim against Sheriff Gusman fordeliberate indifference to plaintiff's serious mental health needs is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B) for failure to state a claim on which relief may be granted. FURTHER ORDERED that the claims against Louis Monroe are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. 1915(e)(2)(B) as frivolous. FURTHER ORDERED that the claims against Sheriff Gusman that plaintiff's federal constitutional rights were violated when he was not protected from dangerously violent conditions of confinement are allowed to proceed pending further development and that this matter is recommitted to the United States Magistrate Judge. Signed by Judge Martin L.C. Feldman on 1/06/2016.(caa)