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06-309 - SPINNEY v. UNITED STATES OF AMERICA et al


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06-309 - SPINNEY v. UNITED STATES OF AMERICA et al
February 28, 2008
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REPORT AND RECOMMENDATION that 17 MOTION to Dismiss Plaintiff's Complaint, or in the Alternative MOTION for Summary Judgment filed by CHARLES MONTGOMERY, UNITED STATES OF AMERICA, RODNEY SMITH, DENNIS OLSON, S.L. ROBARE, JAMES F. SHERMAN, DONALD REICH be granted in part and denied in part. More specifically, the motion should be: a) denied as to Defendants contention that Plaintiff has failed to exhaust his administrative remedies under the PLRA on his excessive force claim; b) denied as to Defendants argument that Plaintiff has not sufficiently alleged the personal involvement of Defendants Sherman, Robare and Reich; c) granted as to the Eighth Amendment deliberate indifference claim involving the plantar fasciitis condition; d) granted as to the Eighth Amendment deliberate indifference claim involving the wrist and hand injuries sustained during the February 2005 prison security incident; e) granted as to the FTCA claims involving medical negligence as to both the plantar fasciitis condition and the wrist and hand injuries; and f) granted as to the negligence claim involving the application of flex-cuffs. Defendants may file an answer or dispositive motion to the remaining claims before April 3, 2008. Objections to R&R due by 3/17/2008. Signed by Judge Susan Paradise Baxter on 2/28/08. (lrw)
March 26, 2008
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MEMORANDUM ORDER: 17 Defendants' motion to dismiss or alternatively for summary judgment is GRANTED in part and DENIED in part; adopting 32 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 3/26/2008. (rlh)
April 23, 2008
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MEMORANDUM ORDER: Upon de novo review nunc pro tunc of 36 Plaintiff's Objections to the Magistrate Judge's 32 Report and Recommendation recommending that 17 Defendants' Motion to Dismiss or alternatively for Summary Judgment be granted in part and denied in part, the Court hereby adopts the Report and Recommendation 32 as the opinion of the Court with the exception of the Magistrate Judge's dismissal of the negligence claim involving the application of the flex-cuffs. The Court finds that there are material issues of fact relative to that claim which renders its dismissal inappropriate. Signed by Judge Sean J. McLaughlin on 4/23/2008. (rlh)
November 21, 2008
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REPORT AND RECOMMENDATION that 37 Second Partial MOTION to Dismiss Plaintiff's Complaint or, in the Alternative MOTION for Summary Judgment filed by CHARLES MONTGOMERY, UNITED STATES OF AMERICA, RODNEY SMITH, DENNIS OLSON, S.L. ROBARE, JAMES F. SHERMAN, DONALD REICH, be granted. The Clerk of Courts should be directed to terminate all individual defendants from this action. Objections to R&R due by 12/8/2008. Signed by Judge Susan Paradise Baxter on 11/21/08. (lrw)
December 18, 2008
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MEMORANDUM ORDER: It is hereby ordered that 37 Defendants' partial motion to dismiss or in the alternative for summary judgment is GRANTED; the Clerk of Courts is directed to terminate all individual Defendants from this action; adopting 43 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 12/18/2008. (rlh)