Ellis v. Mohr et al
| William W Ellis |
| Gary Mohr and Terry Tibbals |
| 1:2013cv01058 |
| May 9, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Solomon Oliver |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
56
Order granting Defendants' 50 Motion for leave to File Amended Answers to Amended Complaint. The court grants in part and denies in part Defendant's 51 Motion for summary judgment. The court grants Defendant Lazaroff's Mot ion for Summary Judgment (ECF No. 51) due to lack of exhaustion of administrative remedies with respect to all of Plaintiff's claims. However, the court grants in part and denies in part the Motion for Summary Judgment (ECF No. 51) with respect to Defendants Mohr and Tibbals. The court denies summary judgment due to lack of exhaustion with respect to all of Plaintiff's claims. Further, the court denies Defendants' Motion for Summary Judgment (ECF No. 51) with respect to Plaintiff 's First Amendment access to telephone and mail services claim, and Plaintiff's Eighth Amendment claim of cruel and unusual punishment resulting from unsanitary food conditions. The court grants Defendants' Motion for Summary Judgment (ECF No. 51) with respect to Plaintiff's First Amendment access to the courts claim and Plaintiff's Eighth Amendment cruel and unusual punishment claims resulting from inadequate showers, lack of recreation, conditions of overcrowding, food delay and deprivation, denial of medical treatment, denial of a winter coat, andlack of programming. Finally, the court denies Defendants' assertion of qualified immunity. (ECF No. 51). Signed by Judge Solomon Oliver, Jr. on 9/19/2017. (R,Sh)
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