Filed: Feb. 08, 2016
Latest Update: Feb. 08, 2016
Summary: ORDER YVETTE KANE , District Judge . AND NOW, this 8th day of February 2016, upon consideration of Defendants' Motion to Dismiss (Doc. No. 113), and for the reasons stated in the accompanying memorandum, IT IS HEREBY ORDERED THAT the Motion (Doc. Nos. 113) is GRANTED IN PART AND DENIED IN PART as follows: 1) Plaintiff's claim of excessive use of force is hereby DISMISSED as to all Defendants except Officers Rose, Cryder, Brant, Throne, Lehman, and the Unknown Officers; 2) Defendan
Summary: ORDER YVETTE KANE , District Judge . AND NOW, this 8th day of February 2016, upon consideration of Defendants' Motion to Dismiss (Doc. No. 113), and for the reasons stated in the accompanying memorandum, IT IS HEREBY ORDERED THAT the Motion (Doc. Nos. 113) is GRANTED IN PART AND DENIED IN PART as follows: 1) Plaintiff's claim of excessive use of force is hereby DISMISSED as to all Defendants except Officers Rose, Cryder, Brant, Throne, Lehman, and the Unknown Officers; 2) Defendant..
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ORDER
YVETTE KANE, District Judge.
AND NOW, this 8th day of February 2016, upon consideration of Defendants' Motion to Dismiss (Doc. No. 113), and for the reasons stated in the accompanying memorandum, IT IS HEREBY ORDERED THAT the Motion (Doc. Nos. 113) is GRANTED IN PART AND DENIED IN PART as follows:
1) Plaintiff's claim of excessive use of force is hereby DISMISSED as to all Defendants except Officers Rose, Cryder, Brant, Throne, Lehman, and the Unknown Officers;
2) Defendants' motion to dismiss is hereby DENIED as to Plaintiff's retaliation claim;
3) Plaintiff's claim that Defendants failed to intervene in the assault is hereby DISMISSED as to all Defendants except Officers Cryder, Brant, Throne, Lehman, and the Unknown Officers;
4) Defendants' motion to dismiss is hereby DENIED as to Plaintiff's claims of substantive and procedural due process violations resulting from the November 2, 2009 misconduct hearing;
5) Plaintiff's claim regarding the seizure of his mail is hereby DISMISSED as to all Defendants;
6) Plaintiff's claim regarding the inadequacy of the prison grievance procedure is hereby DISMISSED as to all Defendants;
7) Defendants shall file an answer to the remaining claims in the complaint within twenty (20) days of the date of this order.
