Gray v. Hampton et al
| James Anthony Gray |
| Tony Hampton, Roger Persley, David C. Willis, Keith Eardley, Gordy Shaw and Bobby G. Hammons |
| 5:2017cv00069 |
| February 16, 2017 |
| US District Court for the Eastern District of Kentucky |
| Lexington Office |
| Scott |
| Danny C. Reeves |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
27
AMENDED MEMORANDUM OPINION & ORDER: (1) GRANTING pla's 26 MOTION to Alter Judgment court's 25 Memorandum Opinion & Order; (2) the court's 25 Memorandum Opinion & Order is VACATED & SET ASIDE; (3) GRANTING dft Hampton, Persle y, Willis & Hammons 17 Motion to Dismiss; (4) GRANTING dft Shaw & Eardley's 18 Motion to Dismiss; (5) pla's Eighth Amendment claim is DISMISSED with prejudice; (6) for reasons explained in this Memorandum Opinion & Order, the court find s that it is appropriate to abstain from the remaining claims - accordingly the matter shall be STAYED; (7) parties shall FILE a joint status report w/in 10 days of the conclusion of Gray's criminal trail in state court or any other resolution of the criminal proceeding. Signed by Judge Danny C. Reeves on 12/6/17.(KJR)cc: COR
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Filing
25
MEMORANDUM OPINION & ORDER: It is hereby ORDERED as follows: 1. The motion to dismiss filed by Defendants Hampton, Persley, Willis, and Hammons 17 is GRANTED, in part; 2. The motion to dismiss filed by Defendants Shaw and Eardley 18 is GRANTED, in part; 3. Plaintiff Anthony Gray's Eighth Amendment claim under 42 U.S.C. § 1983 is DISMISSED, with prejudice; 4. Plaintiff Anthony Gray's claims for malicious prosecution and wrongful imprisonment under 42 U.S.C. § 1983 are DIS MISSED, without prejudice; 5. For the reasons explained in this Memorandum Opinion and Order, the Court finds that it is appropriate to abstain from the remaining claims pursuant to Younger v. Harris, 401 U.S. 37 (1971). Accordingly, the matter shall be STAYED; 6. The parties shall FILE a joint status report within 10 days of the conclusion of Gray's criminal trial in state court or any other resolution of the criminal proceeding. Signed by Judge Danny C. Reeves on 11/9/2017.(KM)cc: COR
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