Shine v. Mohr et al
Douglas Shine, Jr. |
Gary Mohr, John Coleman and Ashley Bentham |
3:2017cv01140 |
June 1, 2017 |
US District Court for the Northern District of Ohio |
Toledo Office |
Lucas |
Jeffrey J. Helmick |
Civil Rights |
28 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
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Document Text |
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Filing 18 Memorandum Opinion and Order: Bentham's motion for summary judgment is granted. re 16 Judge Jeffrey J. Helmick on 7/8/2019. (S,AL) |
Filing 11 Memorandum Opinion: Defendant's motion to dismiss is granted. The state law claims of assault and intentional infliction of emotional distress are dismissed. The Eighth Amendment claim against the Defendant is barred by immunity under t he Eleventh Amendment to the extent it is asserted against her in her official capacity. The sole claim remaining is that under the Eighth Amendment for excessive force as asserted against the Defendant in her individual capacity. re 9 Judge Jeffrey J. Helmick on 3/27/2018. (S,AL) |
Filing 4 Memorandum Opinion and Order: Having considered and examined the pro se Plaintiff's pleadings to determine their legal viability, I conclude they fail to state a claim upon which relief may be granted against Mohr and Coleman, and fail t o state a claim for retaliation. Those claims and those Defendants are dismissed from this action pursuant to 28 U.S.C. § 1915(e). I certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could not be taken in good faith. This case shall proceed solely on Plaintiff's Eighth Amendment claim, and his state law tort claims of assault and intentional infliction of emotional distress against Bentham. 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 Bentham. Judge Jeffrey J. Helmick on 12/27/2017. (S,AL) |
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