Summary
adopting report and recommendation that defendants are entitled to summary judgment with respect to prisoner plaintiff's Fourteenth Amendment claim in accordance with Betts and Albright because it was predicated on the same allegations as plaintiff's Eighth Amendment claim that defendants' failed to protect him from a known danger
Summary of this case from Doe v. NicolettiOpinion
No. 3:11-cv-1276
08-06-2012
TIMOTHY COBLE, Plaintiff, v. PETER DAMITER, et al., Defendants.
(JUDGE CAPUTO)
(MAGISTRATE JUDGE CARLSON)
ORDER
NOW this 6th day of August, 2012, upon review of Magistrate Judge Carlson's Report and Recommendation (Doc. 27) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation is ADOPTED.
(2) Defendants' Motion for Summary Judgment (Doc. 20) is GRANTED with respect to Defendants Kephardt, Kevalchick, and Sackett;
(3) Defendants' Motion for Summary Judgment is GRANTED with respect to Plaintiffs Fourteenth Amendment claim;
(4) Defendants' Motion for Summary Judgment is DENIED as to Plaintiff's Eighth Amendment failure-to-protect claims; and
(5) This case shall be placed on the November 2012 trial list. A pretrial scheduling order will follow.
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A. Richard Caputo
United States District Judge