Belcher v. Warden, S. Ohio Corr. Facility

4 Citing cases

  1. Lester v. Ohio Dep't of Rehab. & Corr.

    Case No. 1:16-cv-1065 (S.D. Ohio Nov. 29, 2016)

    Cf. Chappell v. Morgan, No. 2:15cv1110, 2016 WL 738098, at *4-5 (S.D. Ohio Feb. 25, 2016) (Report & Recommendation) (citing Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999); Stewart v. Taft, 235 F. Supp.2d 763, 767 (N.D. Ohio 2002)) (holding that in the absence of any allegation that supervisory prison officials were involved in or encouraged an alleged assault by a correctional employee, the case could not proceed against them based on the theory that they failed to take corrective action after they were notified of the assault), adopted, 2016 WL 1109093 (S.D. Ohio Mar. 21, 2016), appeal filed, No. 16-3307 (6th Cir. Mar. 31, 2016); see also Shehee, 199 F.3d at 300 (holding that prison officials, whose only roles "involve their denial of administrative grievances and their failure to remedy the alleged [unconstitutional] behavior,'" cannot be liable under § 1983). Cf. Belcher v. Warden, Southern Ohio Corr. Facility, No. 1:12cv985, 2013 WL 122154, at *2 (S.D. Ohio Jan. 9, 2013) (Litkovitz, M.J.) (Report & Recommendation), adopted, 2013 WL 684738 (S.D. Ohio Feb. 25, 2013) (Weber, J.). -------- Accordingly, in sum, plaintiff may proceed only with his claim for damages against defendant Osgood in her individual capacity.

  2. Howell v. Hamilton Cnty. Justice

    Case No. 1:15-cv-303 (S.D. Ohio May. 19, 2015)   Cited 4 times

    See Wingo, 499 F. App'x at 455. Cf. Belcher v. Warden, Southern Ohio Corr. Facility, No. 1:12cv985, 2013 WL 122154, at *2 (S.D. Ohio Jan. 9, 2013) (Litkovitz, M.J.) (Report & Recommendation), adopted, 2013 WL 684738 (S.D. Ohio Feb. 25, 2013) (Weber, J.). Furthermore, to the extent plaintiff claims that he was improperly denied his "food bag" during the final altercation with Schaefer on February 14, 2015, the allegations of the complaint are insufficient to trigger constitutional concerns.

  3. Stanton v. Butler Cnty. Sheriff's Dep't

    Case No. 1:15-cv-149 (S.D. Ohio Apr. 24, 2015)   Cited 1 times

    See id.; see also Koch v. Cnty. of Franklin, No. 2:08cv1127, 2010 WL 2386352, at *10-11 (S.D. Ohio June 10, 2010) (Frost, J.) ("a supervisory official's failure to supervise, control or train the offending individual is not actionable unless the supervisor either encouraged the specific incident of misconduct or in some other way directly participated in it") (quoting McQueen v. Beecher Comty. Schools, 433 F.3d 460, 470 (6th Cir. 2006), in turn quoting Shehee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999); Hays v. Jefferson Cnty., 668 F.2d 869, 874 (6th Cir. 1982)) (internal quotation marks omitted). Cf. Belcher v. Warden, Southern Ohio Corr. Facility, No. 1:12cv985, 2013 WL 122154, at *2 (S.D. Ohio Jan. 9, 2013) (Litkovitz, M.J.) (Report & Recommendation), adopted, 2013 WL 684738 (S.D. Ohio Feb. 25, 2013) (Weber, J.). Accordingly, in sum, the undersigned concludes that plaintiff's claims against the Butler County Sheriff and Butler County Sheriff's Department are subject to dismissal on the ground that plaintiff has failed to state a claim upon which relief may be granted against those defendants.

  4. Rutherford v. Warden, S. Ohio Corr. Facility

    Case No. 1:15-cv-164 (S.D. Ohio Mar. 23, 2015)   Cited 1 times

    Although plaintiff has not alleged any claim based on the failure of the supervisory defendants to prevent or investigate any misconduct by prison staff or the conditions of the cell that plaintiff was confined in over the July 4th weekend in 2014, he still cannot prevail on any such claim absent allegations of "specific conduct" by those individuals indicating their "direct, active participation in the alleged misconduct." See id. Cf. Belcher v. Warden, Southern Ohio Corr. Facility, No. 1:12cv985, 2013 WL 122154, at *2 (S.D. Ohio Jan. 9, 2013) (Litkovitz, M.J.) (Report & Recommendation), adopted, 2013 WL 684738 (S.D. Ohio Feb. 25, 2013) (Weber, J.). Finally, as discussed above, in his complaint, plaintiff generally complains that he has "been a target" of harassment ever since he was first placed in state custody and that after an incident that occurred in September 2008, he has "been tortured, set up, sexually assaulted, harassed, and racially profiled."