Friend v. Lewis et al
| Tyreis Friend |
| J. Lewis and Captain Wadolowski |
| 4:2017cv01684 |
| August 11, 2017 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Trumbull |
| Benita Y. Pearson |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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Memorandum of Opinion and Order For the reasons set forth herein, Eleventh Amendment immunity does not bar Plaintiff's claims. Viewing the Complaint (ECF No. 1 ) in the light most favorable to him, Plaintiff has sufficiently alleged th at Defendants acted with malice in violation of his right against cruel and unusual punishment. Plaintiff has properly alleged a claim for a violation of his Eighth amendment rights under 42 U.S.C. § 1983. As Plaintiff has alleged a violation of a well-established Constitutional right, qualified immunity does not apply to Defendants' alleged actions. Accordingly, Defendants' Motion to Dismiss (ECF No. 10 ) is denied. The Court will separately issue a Telephonic Case Management Conference Scheduling Order. Judge Benita Y. Pearson on 7/23/2018. (JLG)
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