King v. Department of Corrections et al
| Deric King |
| Department of Corrections, Osvaldo Vidal, Anthony Mandonza, Jeffrey J. Guerin, Terrance J. Fougere, Carlos Goden, John Doe #1, John Doe #2, John Doe# 3 and John Doe #4 |
| 1:2015cv14256 |
| December 31, 2015 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| M. Page Kelley |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
66
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered:As stated in the Memorandum and Order, 27 Defendant's Motion to Dismiss is GRANTED IN PART and DENIED IN PART with respect to Defendants, Goden and Guerin. Specifically, The Motion t o Dismiss is GRANTED with respect to all claims against Defendants in their official capacities. The Motion to Dismiss is GRANTED with respect to the Fourteenth Amendment claim against Defendants. The Motion to Dismiss is DENIED with respect to the Eighth Amendment claim against Defendants., To the extent that the motion was brought on behalf of parties who have not yet been served, the motion is DENIED without prejudice. 51 Defendants' second Motion to Dismiss is DENIED as moot. All claims alleged in the Amended Complaint against Defendants, except the Eighth Amendment claim against Defendants in their official capacities, are hereby DISMISSED.A copy of this Order has been mailed to the Plaintiff. (Montes, Mariliz)
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