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13-100 - Kimbrough v. Fischer et al


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13-100 - Kimbrough v. Fischer et al
September 29, 2014
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REPORT-RECOMMENDATION and ORDER: RECOMMENDED that Defendants' motion for summary judgment (Dkt. No. 47) be GRANTED IN PART AND DENIED IN PART. Specifically, it is recommended that the Court dismiss (1) the First Amendment claims against Defendants Hai and Abate; (2) the equal protection claims against Hai, McCarthy, and Fauss; and (3) the Eighth Amendment claims against Defendants Hai, Abate, Fauss, Prack, and Fischer and that the Clerk terminate Defendants Hai, Abate, McCarthy, and Fischer from the docket. It is recommended that the due process claims against Defendants Fauss and Prack survive the motion for summary judgment. Objections to R&R due by 10/16/2014 Case Review Deadline 10/20/2014. Signed by Magistrate Judge Therese Wiley Dancks on 9/29/14. (served on plaintiff by regular mail with copy of all unpublished decisions cited)(alh, )
October 21, 2014
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that Plaintiff's motion for summary judgment (Dkt. No. 49) be GRANTED IN PART AND DENIED IN PART. Specifically, it is recommended that Plaintiff's motion for summary judgment of the First Amendment, equal protection, and Eighth Amendment claims be denied as moot and that Plaintiffs motion for summary judgment of the due process claims against Defendants Fauss and Prack be granted. RECOMMENDED that the Court direct the parties to file briefs regarding relief. Objections to R&R due by 11/7/2014 Case Review Deadline 11/12/2014. Signed by Magistrate Judge Therese Wiley Dancks on 10/21/14. (served on plaintiff by regular mail)(alh, )
February 18, 2016
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MEMORANDUM-DECISION AND ORDER: ORDERED that Magistrate Judge Dancks' September 29, 2014 62 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Magistrate Judge Dancks' October 21, 2014 65 Report-Recommendation and Order is ACCEPTED in its entirety for the reasons stated therein. ORDERED that Defendants' motion for summary judgment, see Dkt. No. 47, is GRANTED with respect to Plaintiff's (1) First Amendment claims against Defendants Hai and Abate; (2) equal protection claims against Defendants Hai, McCarthy, and Fauss; and (3) Eighth Amendment claims against Defendants Hai, Abate, Fauss, Prack and Fischer; and is DENIED in all other respects. ORDERED that Plaintiff's motion for summary judgment, see Dkt. No. 49, is GRANTED with respect to his due process claims against Defendants Fauss and Prack and is DENIED with regard to his other claims as moot. ORDERED that, on or before March 17, 2016, each party shall file a memorandum of law, not to exceed ten (10) pages, addressing the issue of the appropriate relief that Plaintiff could receive on his due process claims against Defendants Fauss and Prack under the PLRA and the best method for determining that relief. Signed by Senior Judge Frederick J. Scullin, Jr on 2/18/16. (served on plaintiff by regular mail with copies of the unpublished cases cited herein) (alh, )
April 11, 2017
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MEMORANDUM-DECISION AND ORDER: ORDERS that Plaintiff's request for injunctive relief and for an award of punitive damages is DENIED as a matter of law; and the Court further ORDERS that, because Defendants violated Plaintiff's constitutional right to procedural due process, Plaintiff is entitled to an award of nominal damages as a matter of law; and the Court further ORDERS that, unless the parties consent to the Court, rather than a jury, determining the amount of nominal damages to award to Plaintiff or consensually resolve this issue, a jury trial will be held to determine the amount of nominal damages to award to Plaintiff as a result of Defendants' conduct. In this regard, the Court instructs the parties to notify the Court and the opposing party, or their counsel, in writing within fourteen (14) days of the date of this Memorandum-Decision and Order whether they will waive their right to have a jury determine the amount of nominal damages to which Plaintiff is entitled as a result of Defendants' actions. Once the Court has received the parties' submissions, it will schedule a telephone conference to determine a date for the damages trial in this matter. Signed by Senior Judge Frederick J. Scullin, Jr on 4/11/17. (served on plaintiff by regular and certified mail)(alh, )