Kough et al v. South Carolina Department of Corrections et al
| Richard Kough, Brian Littlejohn, Craig Priester, Sterling Harley, Therl Taylor, Roy Sutherland and Joseph Wilson |
| South Carolina Department of Corrections, Levern Cohen, Officer Major, Lt. Jenkins, Officer Mims, Mike Smith and Officer Williams |
| 0:2017cv02938 |
| October 31, 2017 |
| US District Court for the District of South Carolina |
| Rock Hill Office |
| Jasper |
| Paige J Gossett |
| Joseph F Anderson |
| Civil Rights |
| 28 U.S.C. ยง 1441 |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
158
ORDER adopting in part and rejecting in part 138 Report and Recommendation of Magistrate Judge Mary Gordon Baker. After carefully reviewing the applicable laws, the record in this case, the thorough Report and Recommendatio n, and the objections thereto, the Court adopts in part and rejects in part the Report and Recommendation. (ECF No. 138 ). The Court adopts the Report and denies Defendants' Motion for Summary Judgment on the following grounds: (1) Plaintiff&# 039;s claims on the issue of exhaustion; (2) Plaintiff's § 1983 Eighth Amendment claims against Defendant Cohen in his individual capacity; (3) Plaintiff's § 1983 claim for prospective injunctive relief against Defendant Cohen i n his official capacity; (4) Plaintiff's state law claims for negligence and gross negligence against Defendant SCDC; and (5) Plaintiff's state law claim for injunctive relief against Defendant SCDC. Additionally, the Court adopts the Rep ort and grants Defendants' Motion for Summary Judgment as to the remainder of Plaintiff's claims which are dismissed with prejudice. However, the Court declines to adopt the Report's conclusion that the issue of exhaustion presents a q uestion of fact to be decided by the jury because the Fourth Circuit has established that it is an issue of law. This case will be set for trial for the July/August 2020 term of court with jury selection on July 7, 2020 and trial beginning on July 8 , 2020. The Court will issue a scheduling order setting forth the pretrial obligations of the parties for matters such as exhibits, witness lists, and motions in limine. This case has been pending for nearly three years with multiple extensions of time and discovery extensions. The deadlines in the forthcoming trial schedule are all required in the Local Rules for the district and will not be extended. Signed by Honorable Joseph F Anderson, Jr on 03/17/2020.(egra, )
|
|
Filing
74
ORDER granting 72 Motion to Take Deposition from Craig Priester. Signed by Magistrate Judge Paige J. Gossett on 12/21/2018. (bgoo)
|
|
Filing
56
ORDER granting 51 Motion to Take Deposition from Joseph Wilson. Signed by Magistrate Judge Paige J. Gossett on 6/12/2018. (bgoo)
|
|
Filing
37
ORDER denying the defendants' 30 motion to sever and denying without prejudice to renew at an appropriate time the defendants' alternate request to sever the trials of each plaintiff. Signed by Magistrate Judge Paige J. Gossett on 3/7/2018. (bgoo)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
