CARVER v. VALLIERE et al
| TOMMY CARVER |
| JOSEPH VALLIERE, PAULA SMITH, SUSAN GLOVER and KIMBERELY CLICK |
| 1:2017cv00986 |
| October 27, 2017 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Rowan |
| THOMAS D. SCHROEDER |
| JOE L. WEBSTER |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
52
ORDER signed by CHIEF JUDGE THOMAS D. SCHROEDER on 01/22/2020 adopting the Magistrate Judge's recommendation, that the motion for summary judgment by Defendants Joseph Valliere, Catherine Brown, Mike Williams, Susan Glover, Kimberly Click, and Deana Loflin (Doc. 40 ) be GRANTED with respect to (1) all claims seeking declaratory or injunctive relief, (2) all claims seeking monetary damages against Movant Defendants in their official capacity, and (3) as all claims brought under the Eighth Amendment, and all these claims will be DISMISSED WITH PREJUDICE. FURTHER ORDERED that all claims seeking monetary damages against the moving Defendants in their individual capacities for intentional infliction o f emotional distress be DISMISSED WITHOUT PREJUDICE to Plaintiff's pursuit of those claims in state court. As this resolves all claims in this case, including those as to persons who were never served in accordance with this court's prior notice and warning (Doc. 4 ), judgment dismissing this action will be entered contemporaneously with this Order. (Garland, Leah)
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Filing
49
MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 12/04/2019, that Movant Defendants' Motion for Summary Judgment (Docket Entry 40 ) be GRANTED with respect to (1) all claims seeking declaratory or injunctive relief, (2) all claims seeking monetary damages against Movant Defendants in their official capacity, and (3) as all claims brought under the Eighth Amendment. FURTHER RECOMMENDED that al l claims seeking monetary damages against Movant Defendants in their individual capacities for intentional infliction of emotional distress be dismissed without prejudice to Plaintiff's pursuit of those claims in state court. (Garland, Leah)
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