Opinion
4:23-CV-00859
11-13-2024
SHARIFF BUTLER, Plaintiff, v. JOHN E. WETZEL, et al., Defendants.
ORDER
Matthew W. Brann, Chief United States District Judge
AND NOW, this 13th day of November 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. Defendants' motion (Doc. 46) to dismiss Plaintiff's second amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED in part and DENIED in part, as follows:
a. Plaintiff's Eighth Amendment failure-to-protect claims against defendants John E. Wetzel, C. Kendrick, and Jennifer Jenkins are DISMISSED with prejudice pursuant to Rule 12(b)(6) and 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.
b. Plaintiff's Fourteenth Amendment equal protection claims against defendants John E. Wetzel and Jennifer Jenkins are DISMISSED with prejudice pursuant to Rule 12(b)(6) and 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.
c. Plaintiff's Section 1983 civil conspiracy claims against defendants John E. Wetzel, C. Kendrick, Jennifer Jenkins, Kevin Kauffman, and Anthony Scalia are DISMISSED with prejudice pursuant to Rule 12(b)(6) and 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted.
d. Defendants' motion is DENIED in all other respects.
2. The Clerk of Court is directed to terminate defendants John E. Wetzel, Jennifer Jenkins, and C. Kendrick.
3. This case will proceed only on Butler's Section 1983 Eighth Amendment failure-to-protect claims against defendants Kevin Kauffman (through Bailey J. Kauffman, administrator of the estate of Kevin Kauffman), and Anthony Scalia.