Simmons v. Solozano et al
| James Simmons |
| Miquel Solozano, Clark Taylor, LaDonna Thompson, Darell SinClair and Michael Williams |
| 3:2014cv00354 |
| May 5, 2014 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Oldham |
| John G. Heyburn |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
34
MEMORANDUM OPINION AND ORDER granting the motion for summary judgment [22 & 32]as to the remaining claims in this action, the Eighth Amendment inappropriate touching claim and the First Amendment retaliation claim, filed by Defendants Solrzano, Williams, and Sinclair. Signed by Judge David J. Hale. cc: Plaintiff, pro se; Counsel of record (EM)
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Filing
6
MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II. IT IS ORDERED that the Eighth Amendment sexual assault and harassment claim and the retaliation claim shall proceed beyond § 1915A initial review. IT IS FURTHER ORDERED as follo ws:(1) the official-capacity claim for monetary damages is DISMISSED pursuant to 28 U.S.C. § 1915A(b)(2)since it seeks relief against a defendant who is immune from such relief; (2)the PREA claim is DISMISSED pursuant to 28 U.S.C. § 1915A( b)(1) for failure to state a claim upon which relief may be granted; (3) Defendants Taylor and Thompson are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim against them upon which relief may be granted and because the se claims are redundant; and (4) the Fourteenth Amendment sexual assault and harassment claim is DISMISSED since there is an explicit Constitutional provision that governs the analysis of the alleged wrongful actions. cc: Plaintiff, pro se; Defendants; General Counsel, Justice & Public Safety Cabinet, Office of Legal Counsel (EM)
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