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11-138 - PATTERSON v. RANDAZZO et al


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11-138 - PATTERSON v. RANDAZZO et al
September 30, 2013
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MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 09/30/2013, that Defendants' motion to dismiss (Doc. 39) is GRANTED as to Patterson's Eighth Amendment claim, his Fourteenth Amendment substantive due process claim, and all claims against Defendants in their official capacities. These claims shall be DISMISSED. FURTHER that Defendants' motion to dismiss Patterson's Fourth Amendment excessive force claim against Defendants in their individual capacities (Doc. 39) is GRANTED as to all claims predicted on conduct that precedes the time Patterson surrendered, remained subdued and unarmed, and no longer posed a threat; in all other respects, the motion is DENIED without prejudice to it being raised upon a further showing. FURTHER that Patterson's motion to appoint counsel (Doc. 43) is DENIED without prejudice.(Taylor, Abby)
September 3, 2015
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MEMORANDUM OPINION AND RECOMMENDATION as to CHRISTOPHER O'NEAL PATTERSON signed by MAG/JUDGE JOE L. WEBSTER on 9/3/2015, that this court finds that there is no genuine 1ssue of material fact and therefore Defendants are entitled to summary judgment. Accordingly, the Court RECOMMENDS that Defendants' motion for summary judgment (Docket Entry 95) be GRANTED. The Court further RECOMMENDS that Defendants' motion to dismiss (Docket Entry 82) be denied as moot.(Butler, Carol)
February 4, 2016
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MEMORANDUM OPINION AND ORDER signed by JUDGE THOMAS D. SCHROEDER on 02/04/2016; that the Magistrate Judge's Recommendation is ADOPTED but as modified by this Memorandum Opinion, that Defendants' motion for summary judgment (Doc. 95) is GRANTED, Defendants' motion to dismiss (Doc. 82) is DENIED as moot, and Patterson's claims are DISMISSED WITH PREJUDICE. A judgment in accordance with this Memorandum Opinion and Order will be entered simultaneously. (Garland, Leah)