Washington v. United States et al
| Burl Washington |
| United States, Mrs. Cruz, Loranth, Massa, Meeks, Lepaine, Garcia, John Doe #2, Jude Onucha, K Bennett-Baker, P Robinson, John Doe #3, John Doe #4, John Doe #5, Paul Laird, Paul Harvey, B Auterson, James Cross, Mr. Baugh, Douglas Kruse, Harold Gillian, Mrs. Robinson, W. Lirios, Mrs. Lyons, David Goldsborough, Steven Hoffimerr, Frank Fester, Margaret Hodges and John Doe #1 |
| 5:2016cv03913 |
| December 15, 2016 |
| US District Court for the District of South Carolina |
| Orangeburg Office |
| Hampton |
| Bruce Howe Hendricks |
| Kaymani D West |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
320
ORDER re 304 MOTION to Dismiss filed by G Victor Loranth, Richard Lepiane, Federal Bureau of Prisons, Eve Ulmer, United States and 315 TEXT Order on Motion to Dismiss: The Rule 12(c) motion is GRANTED a nd the Individual Defendants Richard Lepiane, Eve Ulmer, and the Estate of G. Victor Loranth are dismissed as parties to this action. Plaintiff's remaining claims against the United States and the Federal Bureau of Prisons pursuant to the FTCA, the Rehabilitation Act, and an Eighth Amendment claim for injunctive relief will proceed to trial. Signed by Honorable Bruce Howe Hendricks on 8/25/2022. (vdru, )
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Filing
306
ORDER re 283 Motion in Limine and 285 Motion in Limine: Plaintiff's motion to exclude evidence of disciplinary records is denied and Plaintiff's motion to exclude references to interactions between Plaintiff a nd female staff and outside contractors is denied. Plaintiff's motion to exclude references to date of incarceration and/or date of release from custody is held in abeyance (though it is agreed by all parties and the Court that no such reference shall be made during the liability phase of the trial.) The Federal Defendants' motion to exclude evidence or allegations regarding the Estate of Dr. G. Victor Loranth is denied. Signed by Honorable Bruce Howe Hendricks on 7/29/2022.(vdru, )
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Filing
239
OPINION AND ORDER: Defendants' Motions for Summary Judgment (ECF Nos. 229 & 230 ) are DENIED. Signed by Honorable Bruce Howe Hendricks on 2/3/2020.(prou, )
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Filing
191
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION: The Report (ECF No. 172 ) of the Magistrate Judge is accepted and adopted herein, with the exception of section III.A.2. ("Exhaustion of RA Claims"). Defend ants' Motion to Dismiss the Second Amended Complaint (ECF No. 144 ) is GRANTED in part and DENIED in part. The motion is GRANTED without prejudice as to Defendants Mosley, Barnes, Joyner, Cruz, Meeks, Blocker, Fonte, Bryan, Garcia, Massa, and Harvey. The motion is DENIED as to Defendants BOP, Hurwitz, Keller, Lepiane, Ulmer, and Loranth. Plaintiff has offered to partially dismiss without prejudice Counts One, Two, and Six as to Hurwitz and Keller, should the Court find that those Count s are proper against the BOP. (See ECF No. 149 at 2 n.2.) The Court finds that it has jurisdiction over the itemized claims against the BOP, and Defendants Hurwitz and Keller are accordingly dismissed as party defendants without prejudice. Therefore, Defendants' Motion to Dismiss is DENIED as to Defendants BOP, Lepiane, Ulmer, and Loranth, and the case will proceed as to them. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 3/26/2019. (prou, )
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Filing
169
ORDER AND OPINION RULING ON REPORT AND RECOMMENDATION: The Court agrees with the Magistrate Judge's conclusions and recommendations in the Report. Accordingly, the Report is adopted and incorporated herein, by speci fic reference, to the degree not inconsistent. Both Defendants' and Plaintiff's objections are overruled. Plaintiff's Motion for Preliminary Injunction (ECF No. 126 ) is, therefore, GRANTED as more particularly described below. The matter is returned to Magistrate Judge West for further pretrial proceedings. The Federal Bureau of Prisons is directed to retain Plaintiff at the FCC Butner Medical Complex until the conclusion of this case. Transfer to an appropriate sec urity level institution within the FCC Butner Medical Complex will be considered compliant with this Order. The Court leaves to BOP's medical judgment the general management of Plaintiff's medical care, but directs BOP to follow the inst ructions of Plaintiff's outside physicians as to medication administration and timing, and as to follow-up care as closely as reasonably feasible. Modification of those treatment directives, if based upon the reasonable medical judgment of qualified BOP ophthalmologists and vision specialists, will be considered compliant with this Order. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 11/20/2018. (prou, )
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Filing
77
ORDER AND OPINION: The Court ADOPTS and incorporates the Report (ECF No. 67 ), by reference into this Order. The matter is returned to Magistrate Judge West for further pretrial proceedings. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 9/29/2017. (prou, )
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Filing
28
ORDER RULING ON REPORT AND RECOMMENDATION: The Court ACCEPTS and incorporates the Report, (ECF No. 22 ), by reference into this Order. It is therefore ORDERED that the complaint in this action is dismissed without prejudice a nd without issuance and service of process as to Defendants Jude Onucha; K. Bennett-Baker; P. Robinson; John Does ##1, 2, 3, 4, 5; Paul Laird; Paul Harvey; B. Auterson; James Cross; Mr. Baugh; Douglas Kruse; Harold Gillian; Mrs. Robinson; Mrs. W. Lir ios; Mrs. Lyons; David Goldsborough; Steven Hoffimerr; Frank Fester; and Margaret Hodges, and that the matter be returned to the Magistrate Judge for further pretrial proceedings. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 3/2/2017. (mcot, )
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