Ho v. Jett et al
| Eric Ho |
| Jane Doe, Dewayne Dugan, John Doe, Brian Jett, Harley G. Lappin, Paul M. Laird, Lewis and Gora |
| 0:2013cv00245 |
| January 30, 2013 |
| US District Court for the District of Minnesota |
| Olmsted |
| Leo I. Brisbois |
| Donovan W. Frank |
| Prisoner: Civil Rights |
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Filing
80
ORDER ADOPTING REPORT AND RECOMMENDATION. 1. The Federal Defendants' objections (Doc. No. 76 ) to Magistrate Judge Leo I. Brisbois's January 27, 2014 Report and Recommendation are OVERRULED. 2. Magistrate Judge Leo I. Brisbois's Jan uary 27, 2014 Report and Recommendation (Doc. No. 75 ) is ADOPTED AS MODIFIED.3. The Federal Defendants' Motion to Dismiss, or, in the Alternative, for Summary Judgment (Doc. No. 41 ) is GRANTED IN PART and DENIED IN PART as follows: a. To th e extent the Federal Defendants seek dismissal of the claims pertaining to Defendants Lewis and Gora's alleged deliberate indifference to Plaintiff's serious medical need, the motion is DENIED. To the extent the Federal Defendants seek sum mary judgment on those claims, the motion is DENIED on the current record WITHOUT PREJUDICE to renewing the motion after the close of discovery. b. To the extent the Federal Defendants seek dismissal of the claims pertaining to the Federal Defendants ' alleged deliberate indifference to the need to protect Plaintiff from a substantial risk of harm, the motion is GRANTED, and such claims are DISMISSED WITHOUT PREJUDICE. To the extent the Federal Defendants seek summary judgment on those claim s, the motion is DENIED AS MOOT. c. To the extent the Federal Defendants seek dismissal of the Bivens claims against Defendants Jett, Lappin, and Nalley pertaining to the transfer of Defendant Dugan to FMC-Rochester, the motion is GRANTED, and such c laims are DISMISSED WITHOUT PREJUDICE. To the extent the Federal Defendants seek summary judgment on those claims, the motion is DENIED AS MOOT. d. To the extent the Federal Defendants seek dismissal of the Bivens claims against Defendants Jett and Tolliver pertaining to the placement of Plaintiff in solitary confinement, the motion is GRANTED, and such claims are DISMISSED WITHOUT PREJUDICE. To the extent the Federal Defendants seek summary judgment on those claims, the motion is DENIED AS MOO T. e. To the extent the Federal Defendants seek dismissal of Bivens and 42 U.S.C. § 1985 conspiracy claims against them, the motion is GRANTED, and such claims are DISMISSED WITHOUT PREJUDICE. To the extent the Federal Defendants seek summary judgment on those claims, the motion is DENIED AS MOOT.(Written Opinion). Signed by Judge Donovan W. Frank on 3/11/2014. (BJS)
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