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16-245 - JEFFERSON v. WETZEL et al


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16-245 - JEFFERSON v. WETZEL et al
May 31, 2017
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REPORT AND RECOMMENDATION that Defendants partial motion to dismiss 15be granted in part and denied in part. Objections to R&R due by 6/14/2017. Objections to R&R for Unregistered ECF Users due by 6/19/2017. Signed by Magistrate Judge Susan Paradise Baxter on 5/31/17. (lrw)
July 24, 2017
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17. (nk)ORDER adopting 24 Report and Recommendations; Granting in part and denying in part 15 Motion to Dismiss for Failure to State a Claim; (1) The motion to dismiss Plaintiffs Eighth and Fourteenth Amendment claims against Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott-Clausen (Counts III, IV, V, IX, X (except as to Defendant Behringer), XI, XII, XIII and XIV) is GRANTED. (2) Defendants motion to dismiss Plaintiffs claim for intentional infliction of emotional distress (Count VIII), as alleged against Defendants Wetzel, Varner, Giroux, Clark, Meure and Scott-Clausen, is GRANTED. (3) Defendants motion to dismiss Plaintiffs claims for assault and battery, harassment and intentional infliction of emotional distress (Counts VI, VII and VIII), alleged against Defendant Behringer is DENIED. (4) Defendants Wetzel, Varner, Giroux, Clark, Meure and Clausen are terminated from the docket. Signed by Judge Barbara Rothstein on 7/21/2017.Signed by Judge Barbara Rothstein on 7/21/20