Opinion
3:21-cv-5636-TMC-BAT
09-14-2023
CHRISTOPHER LEON SMITH, Plaintiff, v. STATE OF WASHINGTON, WASHINGTON STATE DEPARTMENT OF CORRECTIONS, ROBIN SMITH, JULIA BARNETT, JACK WARNER, ADELAIDE HORNE, ELKE JACKSON, AREIG AWAD, CO PRUITT, DEBORAH TONHOFER, CO WHITE, JON REYES, RN3 HAWKINS, CARLEEN GRIMES, DWAYNE EVANS, JENNIFER MEYERS, JO PHILLIPS, F. JOHN SMITH, RN TRENER and DOES I-X inclusive, Defendants.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. 40); PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT (DKT. 43)
TIFFANY M. CARTWRIGHT UNITED STATES DISTRICT COURT JUDGE
The Court, having reviewed the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge, any objections or responses to that, and the remaining record, finds and ORDERS as follows:
(1) The Court adopts the Report and Recommendation;
(2) Defendants' Motion for Summary Judgment (Dkt. 40) is GRANTED in part as follows:
a. Eighth Amendment Deliberate Indifference (Count I) as to Defendants Julia Barnett, Jack Warner, Elke Jackson, Areig Awad, Cory Pruitt, Deborah Tonhofer, Tim White, Jon Reyes, Kenny Hawkins, Carleen Grimes, Dwayne Evans, Jennifer Meyers, F. John Smith (deceased), Trina Ralston, and Jo Phillips.
b. First Amendment Retaliation (Count II) as to Defendants Cory Pruitt, Deborah Tonhofer, Carleen Grimes, Dwayne Evans, Kenny Hawkins;
c. Negligence (Count III) as to all individually named defendants except Defendants Robin Smith and Adelaide Horne;
d. Failure to Supervise (Count VI) as to all Defendants;
e. Respondeat Superior (Count VII) as to all Defendants.
(3) Defendants' Motion for Summary Judgment (Dkt. 40) is DENIED in part as follows:
1. Eighth Amendment Deliberate Indifference (Count I) as to Defendants Robin Smith and Adelaide Horne;
2. First Amendment Retaliation (Count II) as to Defendant Tim White;
3. Negligence (Count III) as to Defendants Adelaide Horne, Robin Smith, State of Washington, and DOC;
4. Negligent Infliction of Emotional Distress (Count IV).
5. RCW 18.71 Medical Malpractice (Count V).
(3) Plaintiff's Motion for Partial Summary Judgment (Dkt. 43) is GRANTED in part as to Plaintiff's claims of negligence against Defendants Adelaide Horne, Robin Smith, State of Washington, and DOC; DENIED as to all other defendants.
(4) The Clerk of Court is directed to send copies of this Order to Plaintiff and to Judge Tsuchida.