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13-392 - White v. Beilein et al


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13-392 - White v. Beilein et al
February 23, 2016
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REPORT-RECOMMENDATION AND ORDER: RECOMMENDED that defendants' motion for summary judgment (Dkt. No. 139) be GRANTED as to: (1) the Eighth Amendment medical indifference claims against all defendants; (2) the supervisory liability claims against Rock, Uhler, Lira, and Lashway; and (3) the state law claims against Drake, Nurse White, Lashway, and Oropallo; and it is further; (4) all claims against defendants in their official capacities; or, in the alternative, that summary judgment be granted as to defendants Rock, Uhler, Lira, Lashway, Drake, White, and Oropallo on the basis of qualified immunity. RECOMMENDED that White, Lashway, Oropallo, Rock, Uhler, and Lira be dismissed as defendants from this action. RECOMMENDED that defendants' motion for summary judgment (Dkt. No. 139) be DENIED as to: (1) the Eighth Amendment excessive force claim against defendant Drake; and (2) defendants' qualified immunity defense as to defendant Drake. Objections to R&R due by 3/11/2016 Case Review Deadline 3/15/2016. Signed by Magistrate Judge Christian F. Hummel on 2/23/16. (Attachments: # (1) unpublished case law, # (2) unpublished case law, # (3) unpublished case law, # (4) unpublished case law, # (5) unpublished case law, # (6) unpublished case law, # (7) unpublished case law, # (8) unpublished case law, # (9) unpublished case law, # (10) unpublished case law, # (11) unpublished case law, # (12) unpublished case law, # (13) unpublished case law, # (14) unpublished case law, # (15) unpublished case law, # (16) unpublished case law, # (17) unpublished case law, # (18) unpublished case law, # (19) unpublished case law, # (20) unpublished case law, # (21) unpublished case law, # (22) unpublished case law, # (23) unpublished case law, # (24) unpublished case law, # (25) unpublished case law, # (26) unpublished case law, # (27) unpublished case law, # (28) unpublished case law, # (29) unpublished case law){r&r served via regular mail on plaintiff}(nas )
March 29, 2016
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DECISION AND ORDER: ORDERED that Magistrate Judge Hummel's Report-Recommendation (Dkt. No. 186) is ACCEPTED and ADOPTED in its entirety. ORDERED that Defendants' motion for summary judgment (Dkt. No. 139) is GRANTED in part and DENIED in part such that all of the claims asserted in Plaintiff's Complaint (Dkt. No. 1) are DISMISSED except for Plaintiff's Eighth Amendment excessive force claim asserted against Defendant Drake, which SURVIVES Defendants' motion. ORDERED that Pro Bono Counsel be appointed for Plaintiff for purposes of trial only (and not for any appeal) and that, upon assignment of Pro Bono Counsel, a final pretrial conference with counsel be scheduled, at which counsel for both parties shall appear with settlement authority. Signed by Chief Judge Glenn T. Suddaby on 3/29/16. {order served via regular mail on plaintiff}(nas)