Cryer v. Spencer et al
||Derek Sincere Black Wolf Cryer
||Luis Spencer and Christopher Mitchell
||November 4, 2011
||Massachusetts District Court
||Patti B. Saris
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|March 21, 2013
Chief Judge Patti B. Saris: MEMORANDUM AND ORDER entered: 1. Plaintiff's Motion for Leave to File an Amended Complaint (contained in the Opposition to the Motion to Dismiss)(Docket No. 12) is ALLOWED. The amended complaint (Docket No. 13) is t he operative pleading in this action; 2.Defendant Spencer and Mitchell's Motion to Dismiss the Complaint (Docket No. 10) is DENIED in view of the amended complaint; 3.Plaintiff's Motion to Waive Service and to Order Defendants to Answer the Amended Complaint (Docket NO. 15) is DENIED; 4. Plaintiff's Ex Parte Motion to Answer Amended Complaint (Docket No. 19) is DENIED; 5.Defendants' Motion to Dismiss the Amended Complaint (Docket No. 17) is ALLOWED in part and DENIED in par t, as follows: A.With respect to plaintiff's RLUIPA claims, the motion to dismiss is ALLOWED as to plaintiff's claims for monetary damages against all of the defendants in their official capacities but otherwise is DENIED as to claims for declaratory and/or injunctive relief; B.With respect to plaintiff's RLUIPA claims, the motion to dismiss is ALLOWED as to plaintiff's claims for monetary damages against all of the defendants in their personal capacities;C.With respect to plaintiff's § 1983 claims for monetary damages against the defendants in their official capacities, the motion to dismiss is ALLOWED, but otherwise is DENIED as to claims for declaratory and/or injunctive relief;D.With respect to plaintiff& #039;s § 1983 claims against the defendants in their personal capacities, the motion to dismiss is ALLOWED; E.With respect to plaintiff's claims raised under the Massachusetts Constitution, the defendants motion to dismiss is ALLOWED; F. With respect to plaintiff's claims raised under Mass. Gen. Laws ch. 127, § 88, the motion to dismiss is ALLOWED as to any claims for monetary damages against defendants Spencer, Mitchell, and Dickhaut in their official and personal capacit ies, but otherwise is DENIED with respect to claims for declaratory and/or injunctive relief; and 6. Within 21 days of the date of this Memorandum and Order, the parties shall submit a Joint Discovery Plan with respect to the conduct of discovery, the filing of dispositive motions, and the remaining issues in this case. (PSSA, 1)
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