Merrill v. Florida Department of Corrections et al
| Brian Thomas Merrill |
| Florida Department of Corrections, Suwannee Correctional Institution, Michael J. Hale, Scott A. Nunley, Kenneth J. Certain, Jeffrie D. Miara and Kevin E. Sievers |
| 3:2015cv01220 |
| October 13, 2015 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| Union |
| Brian J. Davis |
| Joel B. Toomey |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
44
ORDER granting 27 Defendants' motion to dismiss to the extent the claims of excessive force raised against them for what occurred in the sally-port area of the O dormitory are found to be Heck-barred and are dismissed without prejudice; to the extent that the verbal abuse claim raised against Defendant Nunley is dismissed; denying 27 with respect to the claims of excessive force raised against Certain, Hale, Miara, Nunley, and Sievers for actions that allegedly occurred after Plaint iff exited the O dormitory; denying 36 Motion to Dismiss for Failure to State a Claim, Defendant Landrum shall respond to the amended complaint by December 28, 2016; Plaintiff withdraws his claim against Defendant Julie Jones, Secretary, Florida Department of Corrections; therefore, Defendant Julie Jones, Secretary, Florida Department of Corrections, is dismissed from this action.. Signed by Judge Brian J. Davis on 10/27/2016. (LDO)
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