Braxton v. Young et al
| Anthony James Braxton |
| C. A. Young, West Virginia State Police, Central West Virginia Drug Task Force Corporation, Leonard Brickford, Mike Fridley, Larry E. Harrah, Brian D. Parsons, Steve Kessler, Oak Hill City Police Department, W. R. Callison, Fayette County Commission, Fayetteville City Police Department, City of Oak Hill, West Virginia, City of Fayetteville, West Virginia, Mount Hope City Police Department, City of Mount Hope, Ansted City Police Department, City of Ansted, Gauley Bridge City Police Department, City of Gauley Bridge, Nicholas County Commission, Nicholas County Sheriff Department, Summersville City Police Department, City of Summersville, West Virginia, Richwood City Police Department, City of Richwood, Clay County Commission, Clay County Sheriff Department, Webster County Commission, Webster County Sheriff Department, City of Webster Spring, West Virginia, Webster Spring City Police Department, City of Cowen, West Virginia, Pocahontas County Commission, Pocahontas County Sheriff Department, Marlinton City Police Department and City of Marlinton, West Virginia |
| 2:2018cv00585 |
| April 17, 2018 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| Dwane L. Tinsley |
| John T. Copenhaver |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
177
MEMORANDUM OPINION AND ORDER granting the 151 Motion for Summary Judgment and 153 Motion for Summary Judgment; denying the 156 Constitutional Question and 157 Constitutional Challenge; adopting the 165 Proposed Findings and Recommen dations; directing the Clerk to file the indictment as an exhibit; further directing that this case be referred again to the Magistrate Judge for any remaining proceedings. Signed by Senior Judge John T. Copenhaver, Jr. on 8/12/2021. (cc: plaintiff, counsel of record, United States Magistrate Judge) (lca)
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Filing
71
ORDER denying Plaintiff's 34 MOTION to Appoint Counsel; denying 41 MOTION to Enter Circuit Court Order Into Evidence; and granting 52 Emergency MOTION for Preservation of all Records insofar as Plaintiff's motion is consistent with Harrah's general duty to preserve records that may be pertinent in this litigation. However, the undersigned makes no determination about whether the specific documents Plaintiff requests to be preserved, to the extent they exist, are relevant and discoverable in this action. Signed by Magistrate Judge Dwane L. Tinsley on 5/29/2020. (cc: counsel; any unrepresented party) (mk)
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Filing
53
MEMORANDUM OPINION AND ORDER ADOPTING PROPOSED FINDINGS AND RECOMMENDATIONS directing plaintiff's objections to the 32 Proposed Findings and Recommendations entered 11/15/2019 are overruled; the magistrate judge's 7 Proposed Findings a nd Recommendations entered 5/01/2019 and 11/15/2019 are adopted and incorporated in full; plaintiff's complaint is dismissed as to defendants Magistrate Leonard Bickford and the West Virginia State Police; the 13 Motion to Dismiss filed b y Fayette County and Fridley is granted, and that these parties are dismissed from this action; the 15 Motion to Dismiss filed by Harrah and Parsons is granted in part inasmuch as Harrah and Parsons are entitled to absolute prosecutorial immuni ty with respect to plaintiff's claims related to the discovery requests and the settlement agreement, and otherwise denied; the 17 Motion to Dismiss filed by Callison is granted in part insofar as Callison is entitled to qualified immunity w ith respect to his alleged failure to provide a property receipt, and otherwise denied; the 19 Motion to Dismiss filed by Young is granted, and that Young is dismissed from this action; the plaintiff's complaint is dismissed as to the defend ants identified herein in paragraph #8 and directing that these parties are dismissed from this action; further directing that this case is again referred to United States Magistrate Judge Dwane L. Tinsley for additional proceedings as to defendants Harrah, Parsons, and Callison. Signed by Senior District Judge John T. Copenhaver, Jr. on 3/27/2020. (cc: counsel of record; any unrepresented parties; United States Magistrate Judge) (ts)
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