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14-149 - Taylor v. Stevens, et al


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14-149 - Taylor v. Stevens, et al
January 22, 2016
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Report and Recommendation re: 32 Motion to Dismiss; 33 Motion to Dismiss; 34 Motion to Dismiss; 43 Motion to Dismiss; 44 Motion for Leave to File, Motion for Miscellaneous Relief filed by Amicus Curiae; 47 Motion for Immediate Preliminary Injunction filed by Trent Taylor. (Ordered by Magistrate Judge Nancy M Koenig on 1/22/2016) (ash) Modified on 1/22/2016 (ash).
March 29, 2016
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ORDER: Denied in part 32,33,34, and 43 Motion to Dismiss. Granting 44 MOTION for Leave to File Advisory and Motion to Seal, filed by Amicus Curiae. Denied 47 Immediate Preliminary Injunction. Adopting 54 Report and Recommendations. Plaintiff's claims for money damages against ALL Defendants for actions performed in their official capacities are dismissed pursuant to Federal Rules of Civil Procedure 12(b)( 1) as barred by the Eleventh Amendment. (2) The motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) are GRANTED, in part, and Plaintiff's complaint and all claims alleged therein are DISMISSED for failure to state a claim as to the following Defendants: Marion Williams; Rebecca Ramirez; Raye Mitchell; Jennifer Mares; Maria Reyna; Ermma Parra; Chevis Parker; Raymundo Montez; Tyronne Jones; Susan Nash; Debra Fielder; Shauna Carpenter; Darla Hubble; Triciania Gipson; Randy Hancock; Randy Crain; Michael McDonald; Shawn Vallance; Opal Mankins; Allan Hanretta; Janis Woodall; Kim Davis; Sean O'Donnel; Marilyn Noble; Priya Kandheria; Lanette Linthicum; and Denise DeShields. (3) The motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) are DENIED, in part, and the following individual capacity claims and Defendants shall proceed through the course of litigation: (a) Plaintiff's claims concerning cell conditions and deliberate indifference to serious medical needs against Defendants Robert Stevens, Robert Riojas, Ricardo Cortez, Stephen Hunter, Larry Davidson, Shane Swaney, Franco Ortiz, Joe Martinez, Creastor Henderson, and Stephanie Orr; and (b) Plaintiff's claim concerning excessive use of force against Defendant Melissa Olmstead. Plaintiff's complaint and all claims alleged therein against Defendants Correctional Officer John Doe; Jane Doe; Loretta Young; John Doe #1; John Doe #2; John Doe #3; John Doe #6; Mailroom Administration Officer/Supervisor; and Unknown Signee John Doe are dismissed for failure to state a claim upon which relief may be granted. (5) Plaintiff's claims for injunctive relief are DISMISSED as moot, and all other claims are dismissed with prejudice for failure to state a claim. (6) The Attorney General's Amicus Curiae Advisory and Motion to Seal filed on August 28, 2015, is GRANTED. (7) Plaintiff's Motion for an Immediate Preliminary Injunction Pursuant to Fed. R. Civ. Proc. Rule 65, is DENIED. (8) The caption of this case shall be changed to Trent Taylor v. Robert Stevens, et al., in order to reflect that Defendants Robert Stevens, Robert Riojas, Ricardo Cortez, Stephen Hunter, Larry Davidson, Shane Swaney, Franco Ortiz, Joe Martinez, Creastor Henderson, Stephanie Orr, and Melissa Olmstead are the only defendants remaining in this case. (Ordered by Judge Sam R Cummings on 3/29/2016) (cb)