Stoutamire v. Hicks et al
| Dwayne Stoutamire |
| Lt. Hicks, Polly Schmalz and Julie Hensley |
| 1:2016cv02840 |
| November 22, 2016 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Richland |
| Christopher A. Boyko |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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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
76
Opinion and Order. The Court adopts in part, and modifies in part, the Magistrate Judge's 68 Report and Recommendation finding that genuine issues of fact preclude summary judgment for Hicks on Stoutamire's Eighth Amendment claim at Count One of his Complaint for Hicks' use of pepper spray. The Court agrees with Hicks that Stoutamire never alleged in his Complaint or Amended Complaint that Hicks used any other unlawful excessive force, therefore, he cannot assert them for the first time in an opposition to summary judgment and they are not properly before the Court. The Court further agrees that Hicks is not entitled to summary judgment based on qualified immunity as Stoutamire's claim against him for unlawf ul excessive force by use of pepper spray was a clearly established right. Finally, the Court dismisses Stoutamire's official capacity claim as it is barred by the Eleventh Amendment. See Opinion and Order for details. Judge Christopher A. Boyko on 1/28/22. (S,HR)
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Filing
56
Opinion and Order: The Court adopts the Magistrate Judge's Report and Recommendation and denies Plaintiff's Motion for Fraud (Related Doc. 50 ). Judge Christopher A. Boyko on 10/6/2020. (D, I)
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Filing
46
Order denying Plaintiff's Motion for relief (Related Doc # 42 ); Motion to supplement (Related Doc # 43 ) and Request for status (Related Doc # 45 ) are denied as moot. Judge Christopher A. Boyko on 4/1/2019.(S,SR)
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Filing
37
Opinion and Order. The Court accepts the Magistrate Judge's Report and Recommendation (Related doc # 34 ). Defendants' Motion for Summary Judgment (Related doc # 24 ) is granted. However, claims are dismissed without prejudice, rather than as recommended. Plaintiff's Motion to Amend (Related doc # 31 ) is moot and/or futile. Judge Christopher A. Boyko on 9/6/2018. (H,CM)
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