Austin v. Spiller et al
| Lazerek Austin |
| William Spiller, S. Gee, John Doe, Confidential Source 1-5, Kent Brookman, Jason Hart, Counselor Hill, Kelly Pierce, Lori Oakley, Jacqueline Lashbrook and John Baldwin |
| 3:2018cv01152 |
| May 23, 2018 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Livingston |
| David R. Herndon |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
225
ORDER: The Court GRANTS Plaintiff's request to supplement the motion for reconsideration, and the additional the requests to further reconsider the Order on the motion for summary judgment are GRANTED in part and DENIED in part< /b>. (Doc. 214 ). The Court VACATES in part and revises the Order on the motion for summary judgment as follows (Doc. 187 ): The Court DENIES summary judgment as to Count 3 against Defendants Brookman, Hart, and Lashbrook to the exten t Plaintiff is claiming he was denied due process in connection with the disciplinary proceedings. The Court DENIES summary judgment as to Count 2 against Defendant Spiller for violating Plaintiff's due process rights by issuing him a fal se disciplinary ticket. The Clerk is DIRECTED to reinstate Defendants Brookman and Hart as parties on the docket. After notice and further briefing, Count 1 as to Lashbrook remains DISMISSED. (See Doc. 215 , 221 ). In light of this Order, th e pending motions in limine are DENIED without prejudice to be refiled. (Doc. 200 , 204 ). The parties are instructed to refile Rule 26(a)(3) disclosures and motions in limine by August 17, 2023 and responses and objections shall be due in accordance with this Order. Signed by Judge Stephen P. McGlynn on 7/20/2023. (jrj)
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Filing
215
ORDER granting in part and denying in part 199 Motion for Reconsideration filed by Plaintiff. The Order ruling on the motion for summary judgment is VACATED in part. (Doc. 187 ). The Court DENIES summary judgment as to the Count 1 c laim of civil conspiracy against Defendants Spiller, Gee, Leek, Reichert, and Verble. The Court DENIES in part and GRANTS in part summary judgment as to Count 13. Count 13 shall proceed against Baldwin and Lashbrook for enforcing a stri p search policy that violated the Eighth Amendment. The Clerk of Court is DIRECTED to reinstate Defendants Lashbrook and Baldwin as parties on the docket. By June 27, 2023, Plaintiff is granted leave to file a supplemental brief setting forth any additional arguments and evidence, not already addressed in the order on the motion for summary judgment (Doc. 187) or this Order, as to whether Lashbrook had a "realistic opportunity" to prevent Plaintiff's retaliatory placement a nd housing in restrictive housing on investigative status by Defendants Spiller, Gee, Leek, Reighert, and Verble. (Count 1). If Plaintiff files such brief, Defendants shall have 7 days to respond. Signed by Judge Stephen P. McGlynn on 6/20/2023. (jrj)
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Filing
187
ORDER granting in part and denying in part 169 Motion for Summary Judgment. This action will proceed on Count 1 against Defendants Spiller, Gee, Leek, Reichert, and Verble and Count 2 against Defendant Spiller. The claims against Baldwin, Brookman , Lashbrook, and Hart are DISMISSED with prejudice. The Clerk of Court shall terminate them as defendants and enter judgment in their favor at the conclusion of the entire action. A status conference will be set at a later date to set firm dates for a final pretrial conference and jury trial. Signed by Judge Stephen P. McGlynn on 9/7/2022. (jrj)
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Filing
7
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams, denying 6 MOTION for Plaintiff to Appear for a VIdeo and/or Telephone Conference at Merits Review Stage filed by Lazerek Austin, 5 MOTION for Reconsideration re 4 Order filed by Lazerek Austin. Signed by Judge David R. Herndon on 9/13/2018. (tjk)
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Filing
4
IT IS HEREBY ORDERED that Counts 15-17, which are unrelated to Counts 1-14, are severed into a separate case. Signed by Judge David R. Herndon on 6/19/2018. (tjk)
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