Cunningham v. Lynch et al
| Eugene Jerome Cunningham |
| Loretta Lynch, Thomas R Kane, Deborah G Schult, Ivan Negron, Lieutenant Canada, J Onuoha, P.A Hanson, Travis Bragg and Helen J Marberry |
| 9:2016cv01292 |
| April 25, 2016 |
| US District Court for the District of South Carolina |
| Beaufort Office |
| Marlboro |
| Richard M Gergel |
| Bristow Marchant |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
71
ORDER AND OPINION granting in part and denying in part 39 Motion to Dismiss; denying without prejudice 49 Motion to Strike ; denying without prejudice 57 Motion for Default Judgment; denying without prejudice 64 M otion to Amend/Correct. The Court grants Defendants' motion to dismiss as to Plaintiff's Bivens claims against Defendant Kane for lack of personal jurisdiction and against all other defendants on qualified immunity grounds. The Court den ies in part the motion to dismiss as to Plaintiff's claims for injunctive and declaratory relief. All claims against Lieutenant Canada and Dr. Ivan Negron for injunctive and declaratory relief are dismissed. Pursuant to Fed. R. Civ. P. 25(d), Attorney General Jefferson B. Sessions replaces Loretta Lynch as a party defendant. Plaintiff's claims for injunctive and declaratory relief against all remaining Defendants (Jefferson B. Sessions III; Thomas R. Kane; Dr. Deborah G. Schult; Dr. J. Onuoha; Harris Hansen; Travis Bragg; and Helen J. Marberry) will be allowed to proceed. Signed by Honorable Richard M Gergel on 5/31/2017.(ssam, )
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