Opinion
1:20-cv-1241
06-22-2021
DAVID F. KELLY BEY, Plaintiff v. WILLIAM BECHTOLD, et al., Defendants
ORDER
Sylvia H. Rambo, United States District Judge.
AND NOW, on this 22nd day of June 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT:
1. The motion to dismiss (Doc. No. 36) filed by Defendants Bechtold and Weller is GRANTED in its entirety;
2. The motion to dismiss filed by Defendants Lensbower and Kneal (Doc. No. 34) is GRANTED IN PART and DENIED IN PART, as follows:
a. The motion (Doc. No. 34) is GRANTED with respect to Plaintiff's Eighth and Fourteenth Amendment claims against Defendant Lensbower and Plaintiff's official capacity claims against Defendant Kneal;
b. The motion (Doc. No. 34) is DENIED with respect to Plaintiff's Eighth and Fourteenth Amendment individual capacity claims against Defendant Kneal;
3. Because the Court has resolved Plaintiff's claims against them, and because Plaintiff is not given leave to file a second amended complaint, Defendants Bechtold, Weller, and Lensbower are DISMISSED, and the Clerk of Court is DIRECTED to terminate them as Defendants in this action;
4. The above-captioned case will proceed as to Plaintiff's Eighth and Fourteenth Amendment individual capacity claims against Defendant Kneal;
5. Defendant Kneal is directed to file an answer to the amended complaint (Doc. No. 29) within fourteen (14) days of the date of this Order; and
6. The parties are directed to complete discovery within six (6) months of the date on which Defendant Kneal files his answer.