Filed: Dec. 21, 2015
Latest Update: Dec. 21, 2015
Summary: ORDER YVETTE KANE , District Judge . In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT: 1. As set forth in 2 through 5, Defendants' motion to dismiss (Doc. 35) is GRANTED other than with respect to one verbal harassment claim against Defendant Lehman which escalated into violence and the claims against Defendant Mitchell. 2. Lewis's claims for damages against the Defendants, in their official capacities are DISMISSED. 1 3. Lewis's conspiracy claims agai
Summary: ORDER YVETTE KANE , District Judge . In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT: 1. As set forth in 2 through 5, Defendants' motion to dismiss (Doc. 35) is GRANTED other than with respect to one verbal harassment claim against Defendant Lehman which escalated into violence and the claims against Defendant Mitchell. 2. Lewis's claims for damages against the Defendants, in their official capacities are DISMISSED. 1 3. Lewis's conspiracy claims again..
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ORDER
YVETTE KANE, District Judge.
In accordance with the accompanying memorandum, IT IS HEREBY ORDERED THAT:
1. As set forth in ¶¶ 2 through 5, Defendants' motion to dismiss (Doc. 35) is GRANTED other than with respect to one verbal harassment claim against Defendant Lehman which escalated into violence and the claims against Defendant Mitchell.
2. Lewis's claims for damages against the Defendants, in their official capacities are DISMISSED.1
3. Lewis's conspiracy claims against all of the Defendants are DISMISSED.2
4. Lewis's verbal harassment claims other than with respect to Defendant Lehman are DISMISSED.3
5. Lewis's claims against Defendants Wetzel, Bickell, Lawler, Green, Garman, MacIntyre, Lewis, Beard, Barnacle and Varner are DISMISSED.4
6. Lewis's claims against Defendants Eckard, Keller and Corbin relating to their handling of grievances or appeals of grievances or disciplinary proceedings are DISMISSED pursuant to screening provisions of the PLRA without prejudice.5
7. Lewis's claims against Defendant Johnson are DISMISSED pursuant to the screening provisions of the PLRA without prejudice.6
8. Lewis's claims against Defendants Corbin, Keller and Eckard relating to the statement in the PRC report that he was engaging in manipulative behavior and their denial of a transfer to another prison is DISMISSED pursuant to the screening provisions of the PLRA without prejudice.7
9. Lewis's due process claims leveled against Defendant Mitchell are DISMISSED pursuant to the screening provisions of the PLRA without prejudice.8
10. Lewis's claims leveled against Defendants Heaster, Cook, Lehman, Goss, Fogel, Corbin and McDermott with respect to the alleged false misconduct reports are DISMISSED pursuant to the screening provisions of the PLRA without prejudice.7
11. The claims remaining are the Eighth Amendment excessive force claims relating to the April 7, 2011, incident involving Defendants Lehman, McDowell, McDermott and Dunkel and the June 8, 2011, incident involving Defendants Corbin, Kyle, Riggleman, and Fogel. Also, the verbal harassment claim against Lehman and Lewis's claims under the Fourth Amendment relating to being subjected to nude photography in October 2010, and January 2011, by Defendant Fogel remain.
