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14-5815 - Graham v. P.O. McCarthy, et al


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14-5815 - Graham v. P.O. McCarthy, et al
March 20, 2018
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: The Court has reviewed and adopts in its entirety 216 Magistrate Judge Lois Bloom's Report & Recommendation, recommending that Defendants' motions to dismiss be granted in part and denied in part. State Defendants have failed to raise any objection that warrants rejection or modification of the R&R, except for the dismissal of Plaintiff's Eighth Amendment claim for excessive force relating to the incident on June 24, 2015. The Court adopts Judge Bloom's R&R in its entirety. The Court also grants State Defendants' motion to dismiss Plaintiff's Eighth Amendment claims. The Court overrules State Defendants' remaining objections, and grants in part and denies in part Defendants' motions to dismiss, as set forth in Judge Bloom's R&R. Ordered by Judge Pamela K. Chen on 3/20/2018. (Rediker, Ezekiel)