Charlton v. Yepez et al
| Bobby Shane Charlton |
| Sgt. Arguello, S. Bruning, J. Davis, B. Duncan, C. Fitzgerald, Sgt. Gallino, A. Gonzalez, C. Kropornicki, C. Olsen, R.N. Persinger, Lt. Peters, S. Reidman, Jeri Taylor, Capt. Walker, M. Ware, M. Willingham and F. Yepez |
| 2:2016cv00901 |
| May 23, 2016 |
| US District Court for the District of Oregon |
| Pendleton (2) Office |
| Michael J. McShane |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
92
OPINION AND ORDER: Defendants' Motion for Summary Judgment 78 is granted in part and denied in part. Defendants are granted summary judgment on Mr. Charlton's excessive force and procedural due process claims. Officers Yepez, Fi tzgerald, Ware, Davis, Bruning, and Gonzalez, as well as Sergeant Gallino, Captain Walker, and Superintendent Taylor, are also granted summary judgment on Mr. Charlton's deliberate indifference claim. Officers Duncan, Olsen, Reidmann, Willingha m, and Kropornicki, as well as Sergeant Arguello, Lieutenant Peters, and Nurse Persinger, are denied summary judgment on Mr. Charlton's deliberate indifference claim in so far as Mr. Charlton seeks damages against them in their individual capacities. Mr. Charlton is barred from pursuing his deliberate indifference claim against any defendant in his or her official capacity and from seeking declaratory or injunctive relief. Signed on 6/27/2019 by Judge Michael J. McShane. (cp)
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Filing
15
ORDER: Defendants' Motion for partial dismissal (#12) is allowed. Plaintiff is allowed 30 days from the date of this order to file an amended complaint that complies with the pleading requirements explained in this order. Plaintiff is advised that if he fails to file an amended complaint the dismissal of the claims discussed above will be considered to have been dismissed with prejudice. Signed on 12/29/2016 by Judge Michael J. McShane. (copy mailed to plaintiff) (kms)
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