Owens v. Murray et al
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|Date Filed||#||Document Text|
|February 21, 2014
ORDER: In accordance w/the Memorandum filed previously as separate docket entry 21 , IT IS ORDERED THAT: 1. Defendants' unopposed motion to dismiss (Doc. 13 ) is construed as seeking partial dismissal and is GRANTED IN PART.2. The monetary d amage claims brought against the individual Defendants in their official capacities are DISMISSED as being barred by the Eleventh Amendment. 3. Superintendent Murray is GRANTED entry of dismissal on the basis of lack of personal involvement. 4.Defen dant Hearing Examiner Reisinger's request for dismissal is GRANTED. 5. The request for dismissal of the claims of conspiracy and the retaliation claim against Unit Manager Carberry are GRANTED. 6. The motion for partial dismissal is DENIED in al l other respects. Plaintiffs remaining contentions of retaliation, as well as his unconstitutional conditions of confinement and excessive force claims will proceed. 7. A decision as to whether this Court should exercise jurisdiction over any state law tort claims against the Defendants will be held in abeyance pending resolution of all dispositive motions. Signed by Honorable Matthew W. Brann on 2/21/14. (km)
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