Tomashek v. Raleigh County Emergency Operating Center et al
| Philip J. Tomashek, II |
| Raleigh County Emergency Operating Center, John Zilinski, Jane Doe, Raleigh County Sheriff's Office, Robert Steven Tanner, A. S. Meadows, J. D. Johnson, County Commission of Raleigh County, West Virginia Regional Jail & Correctional Facility Authority, David A. Farmer, Southern Regional Jail, Michael Francis and John Doe Correctional Officers |
| 2:2017cv01904 |
| March 16, 2017 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Raleigh |
| Joseph R. Goodwin |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
133
MEMORANDUM OPINION AND ORDER The 117 RENEWED MOTION by County Commission of Raleigh County, J. D. Johnson, A. S. Meadows, Robert Steven Tanner for Summary Judgment is GRANTED in part and DENIED in part; defendants' Motion is GRANTED as to Coun ts Two (Negligence), Four (Negligence), and Eighteen (Deliberate Indifference); and defendants' Motion is DENIED as to Counts Three (Negligence), Seven (Outrage), Twelve (Battery), Fourteen (Excessive Force), and Sixteen (Procedural Due Process). Signed by Judge Joseph R. Goodwin on 9/26/2018. (cc: counsel of record; any unrepresented party) (kp)
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Filing
92
MEMORANDUM OPINION AND ORDER granting the jail defendants' 80 MOTION to Set Aside Default; denying the plaintiff's 90 MOTION for Entry of Default Judgment; granting the jail defendants' 82 MOTION for Leave to Accept Res ponsive Pleading Filed Out of Time; granting plaintiff's 74 MOTION to Amend Scheduling Order, Allow Additional Discovery, and for Extension of Time to Respond to Defendants Motions for Summary Judgment; denying 68 MOTION for Summary Judgment and 70 MOTION for Summary Judgment; directing the jail defendants to turn over their late Rule 26 disclosures by 4/7/2018. Signed by Judge Joseph R. Goodwin on 4/2/2018. (cc: counsel of record; any unrepresented party) (taq)
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Filing
65
MEMORANDUM OPINION AND ORDER granting in part and denying in part 10 MOTION to Dismiss Plaintiff's Complaint; the defendants' motion to dismiss is GRANTED as to Counts Nine, Eleven, Thirteen and Nineteen; in regards to Counts Two and Three, the motion is GRANTED as to the plaintiff's request for punitive damages against the County Commission of Raleigh County, but is otherwise DENIED; in regards to Count Four, the motion is GRANTED as to the Raleigh County Sheriff's Office and as to the plaintiff's request for punitive damages against the County Commission of Raleigh County, but otherwise DENIED; in regards to Counts Fourteen, Sixteen, and Eighteen, the motion is GRANTED as to Officers Meadows and Johns on in their official capacities, but DENIED as to Officers Meadows and Johnson in their individual capacities; the remaining counts at issue in this motion, including Counts Seven and Twelve, state a claim to relief that is plausible on its face; and the motion is DENIED as to the remaining counts. Signed by Judge Joseph R. Goodwin on 1/23/2018. (cc: counsel of record; any unrepresented party) (taq)
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Filing
63
MEMORANDUM OPINION AND ORDER granting in part and denying in part 15 MOTION to Dismiss; granting said motion as to Counts Eight, Ten, Fifteen, and Twenty, which are dismissed in their entirety; granting said motion in regards to Count Five, as to the West Virginia Regional Jail and Correctional Facility Authority and Southern Regional Jail and to the unnamed correctional officers in their official capacities, but denying as to the unnamed correctional officers in their individual capacities; granting in regards to Count Six as to the West Virginia Regional Jail and Correctional Facility Authority and Southern Regional Jail and Michael Francis and David Farmer in their official capacities, but denying as to Michael Franci s and David Farmer in their individual capacities; granting in regards to Count Seventeen as to the unnamed correctional officers in their official capacities, but denying as to the unnamed correctional officers in their individual capacities. Signed by Judge Joseph R. Goodwin on 1/22/2018. (cc: counsel of record; any unrepresented party) (taq)
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Filing
50
MEMORANDUM OPINION AND ORDER denying plaintiff's 45 MOTION to Amend Complaint, Join Defendants, and Modify the Scheduling Order. Signed by Judge Joseph R. Goodwin on 12/19/2017. (cc: counsel of record; any unrepresented party) (taq)
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Filing
43
MEMORANDUM OPINION ORDER granting the 12 MOTION by Raleigh County Emergency Operating Center, John Zilinski, and Jane Doe Dispatcher to Dismiss; Count One is dismissed with prejudice; Count Two is dismissed with prejudice as to Raleigh County Emergency Operating Center and John Zilinski. Signed by Judge Joseph R. Goodwin on 11/14/2017. (cc: counsel of record; any unrepresented party) (taq)
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