Duncan v. Grief et al
| Emoshia L. Duncan |
| Skyla Grief, Joy Myers, Jill Robertson, Seth Mitchell, Dan Smith and Randy White |
| 5:2017cv00042 |
| March 17, 2017 |
| US District Court for the Western District of Kentucky |
| Paducah Office |
| Lyon |
| Greg N. Stivers |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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MEMORANDUM AND OPINION by Judge Greg N. Stivers on 10/30/2017; The Court will enter a separate Order consistent with this Memorandum Opinion.cc: Plaintiff, pro se, counsel (MNM)
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Filing
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MEMORANDUM AND OPINION & ORDER by Judge Greg N. Stivers on 7/12/2017; for the reasons stated for in this opinion; The official-capacity claims are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may b e granted and 28 U.S.C. § 1915A(b)(2) since Plaintiff seeks monetary damages from Defendants who are immune from such relief; The individual-capacity claims against Defendants Grief, Myers, Mitchell, Dan White, and Randy White are DISMISSED purs uant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted; The grievance claim and the claim regarding the use of the pepper balls are DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted; There being no remaining claims against them, Defendants Grief, Myers, Mitchell, Dan White, and Randy White are DISMISSED from this action. The Clerk of Court is DIRECTED to terminate them as parties to this action. IT IS FURTHER ORDERED that the Eighth Amendment failure-to-protect claim will proceed against Defendant Robertson in her individual capacity. A separate order will be entered as to service on this date.cc:Pro-Se Pla., Dfts. (ARM)
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