Goudlock v. Blankenship et al
| Jason William Goudlock |
| Dana Blankenship and Terry Tibbals |
| 1:2013cv01215 |
| May 31, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Richland |
| Sara Lioi |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
106
Memorandum Opinion: This matter is before the Court on the partial objection of defendants to the Report and Recommendation of Magistrate Judge Kathleen Burke. (Doc. No. 105 .) No response to defendants' objection has been filed by plain tiff. Also before the Court is defendants' motion for summary judgment with respect to plaintiff's Eighth Amendment claim excessive force claim, which the Court previously denied without prejudice pending additional briefing. (Doc. No. 96 .) Defendants' objection to the Report and Recommendation is overruled, and defendants' motion for summary judgment on plaintiff's Eighth Amendment excessive force claim is granted. This case is dismissed in its entirety. Judge Sara Lioi on 7/11/2016. (S,He)
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Filing
96
Memorandum Opinion and Order: Defendants' motion for summary judgment (Doc. No. 87 ) is GRANTED as to plaintiff's claims that Blankenship failed to intervene, prepared a false conduct report, and gave false testimony at the RIB hea ring. Defendants' motion for summary judgment is DENIED WITHOUT PREJUDICE as to plaintiff's Eighth Amendment claim regarding the events of April 12, 2013, and as to qualified immunity, with leave to reassert their motion on those bases. The parties are ordered to provide the Court with briefs regarding the applicability of this issue to the instant action. Defendants' brief shall be filed by October 19, 2015. Any response by plaintiff shall be filed by November 16, 2015, and any reply by defendants shall be filed by December 4, 2015. In addition, defendant Jamihia Young is dismissed from this case. See order for complete details. (Related Doc. Nos. 91 and 92 ). Judge Sara Lioi on 9/28/2015. (S,He)
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Filing
51
Opinion and Order: Plaintiff has not provided any justification for modifying or setting aside the orders of Magistrate Judge Burke. Goudlock's objections are therefore overruled. (Related Doc # 45 , 46 ). Judge Sara Lioi on 7/25/2014. (P,J)
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Filing
5
Memorandum Opinion and Order: Plaintiff's motion for appointment of counsel is denied without prejudice. (Doc. No. 3 .) Plaintiff's claims for denial of due process are dismissed pursuant to 28 U.S.C. Section 1915(e). Because no oth er viable claims remain against defendant Terry Tibbals, he is dismissed from this action. The Court certifies that this is a final judgment as to the due process claims and the claims against defendant Terry Tibbals and that there is no just reason for delay. Additionally, the Court certifies, pursuant to 28 U.S.C. Section 1915(a)(3), that an appeal from this decision could not be taken in good faith. This action shall proceed solely against Dana Blankenship on plaintiff's Eighth Amendment claim for use of excessive force. The Clerk's Office is directed to forward the appropriate documents to the U.S. Marshal for service of process and shall include a copy of this order in the documents to be served upon the defendant. Judge Sara Lioi on 1/29/2014. (P,J)
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