Spikes v. McVea et al
| Larce Spikes |
| Casey McVea, Lesley Wheat, P Stringer, Wendy Seal and R Bowman |
| 2:2017cv08164 |
| August 23, 2017 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Susie Morgan |
| Joseph C. Wilkinson |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
150
ORDER AND REASONS: IT IS ORDERED that the 74 motion for summary judgment, filed by Defendants Dr. Casey McVea, Paula Stringer, Robin Bowman, and Lesley Wheat, on the issue of their qualified immunity on Count 3 of Plaintiff's amended complaint for their pre- operative conduct is HEREBY DENIED. Signed by Judge Susie Morgan on 5/3/2022.(pp)
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Filing
113
ORDER AND REASONS - IT IS ORDERED that the 74 motion for summary judgment filed by Defendants Dr. Casey McVea, Lesley Wheat, Wendy Seal, R. Bowman, and Paula Stringer, be and hereby is GRANTED IN PART AND DENIED IN PART. IT IS ORDERED that the mot ion for summary judgment with respect to all Defendants' defense of qualified immunity to count three for their deliberate indifference to Plaintiff's post-operative need for basic mobility assistance, physical therapy exercises, and superv ision is GRANTED. IT IS FURTHER ORDERED that the motion for summary judgment with respect to Nurse Wheat's defense of qualified immunity to count three for her deliberate indifference to Plaintiff's need for post-operative physical therapy appointments is GRANTED. IT IS FURTHER ORDERED that the motion for summary judgment with respect to Dr. McVea's, Nurse Stringer's, Nurse Bowman's, and Nurse Wheat's defense of qualified immunity to count three for conduct before Plaintiff's surgery is DENIED. Signed by Judge Susie Morgan. (bwn)
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Filing
106
ORDER AND REASONS - IT IS ORDERED that Defendants' 70 motion in limine is GRANTED IN PART. Signed by Judge Susie Morgan. (bwn)
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Filing
40
ORDER AND REASONS re 24 Motion to Dismiss for Failure to State a Claim - IT IS ORDERED that Defendants Dr. Casey McVea, Lesley Wheat, Wendy Seal, R. Bowman, and Paula Stringer's motion to dismiss is GRANTED in part and DENIED in part. With respect to Plaintiff's 42 U.S.C. § 1983 claims based on violations of the Eighth Amendment and claims based on Louisiana Civil Code article 2315, the motion is DENIED. With respect to Plaintiff's 42 U.S.C. § 1983 claims based on violations of the Fifth Amendment, the motion is GRANTED. IT IS ORDERED Plaintiff's claims against Defendants based on the Fifth Amendment are hereby DISMISSED WITH PREJUDICE. Signed by Judge Susie Morgan. (bwn)
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