MCCANTS v. BERRINGER et al
| ANTHONY MCCANTS |
| BERRINGER, GLICK, BRATHWAITE, THOMPSON, HUNNYCUTT, JOHN DOE 1-100 and JANE DOE 1-100 |
| 1:2017cv00935 |
| October 16, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Stanly |
| JOE L. WEBSTER |
| WILLIAM L. OSTEEN |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
71
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 8/10/2020. RECOMMENDED that Stephanie Brathwaite's Motion for Summary Judgment (Docket Entry 62 ) be GRANTED in part with respect to Plaintiff's Eighth Amendment Claims. FURTHER RECOMMENDED that Plaintiff's state-law negligence claim against Defendant Stephanie Brathwaite be dismissed without prejudice to the Court's exercise of its discretion under 28 U.S.C. § 1367(c)(3). FURTHER RECOMMENDED that Donna Barringer, William Glick, III, and Michael Thompson's Motion for Summary Judgment (Docket Entry 65 ) be GRANTED. (Daniel, J)
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Filing
37
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE JOE L. WEBSTER signed on 8/8/2018. RECOMMENDED that Defendants' motions to dismiss for failure to state a claim (Docket Entries [21 ], 28 ) be GRANTED IN PART and DENIED IN PART. As to Plaintiffs §1983 claim predicated on deliberate indifference to a serious medical need in violation of the Eight Amendment's prohibition on cruel and unusual punishment, Defendan ts' motions should be DENIED; As to any claim based on medical malpractice, Defendants' motions should be GRANTED; As to any claim based on simple negligence, Defendants' motions should be GRANTED as to Defendan ts Nurse Berringer, Nurse Supervisor Glick, Unit Manager Thompson, and Sergeant Huneycutt and DENIED as to Defendant Brathwaite; As to any claim based on supervisor liability, Defendants' motions should be GRANTED as to Defendants Unit Manager Thompson and Sergeant Huneycutt. (Daniel, J)
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