Miller v. Rubenstein et al
| Andre Miller |
| Jim Rubenstein, David Ballard, Christopher Wynegar and Hobert Allen |
| 2:2016cv05637 |
| August 25, 2016 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Thomas E. Johnston |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
145
ORDER granting in part and denying in part the 90 , 92 , 96 motion for summary judgment; granting in part the 90 MOTION by David Ballard, Jim Rubenstein for Summary Judgment, 92 MOTION by Christopher Wynegar for Summary Judgment, and 96 MOTION by Hobert Allen for Summary Judgment insofar as they request dismissal of Miller's claims regarding Defendant Wynegar's alleged use of zip-ties and racial slurs and Defendant Allen's alleged threatening and assa ult of Miller; denying in part Defendants Rubenstein's and Ballard's 90 motion insofar as it requests judgment as a matter of law on Defendant's Eighth Amendment and supervisory liability claims, qualified immunity as to all of Miller's claims, and a dismissal as to Miller's claim for injunctive relief; denying in part Defendant Wynegar's 92 motion insofar as it asserts that Miller could not use his deposition to rebut summary judgment; and denying in part Defendant Allen's 96 motion insofar as it requests judgment as a matter of law on Miller's Eighth Amendment and state law claims and asserts qualified immunity as to all of Miller's claims; the claims against all three Def endants shall proceed only insofar as they relate to Miller's exhausted claims; denying as moot 94 MOTION by Hobert Allen to file exhibits under seal. Signed by Judge Thomas E. Johnston on 2/6/2018. (cc: counsel of record; any unrepresented party) (taq)
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