Opinion
No. C10-5374 RBL/KLS.
September 8, 2011
ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having reviewed the Report and Recommendation of Magistrate Judge Karen L. Strombom, objections to the Report and Recommendation, [Dkt. # 85], and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation.
(2) Defendants' Motion for Summary Judgment (ECF No. 18) is GRANTED as to Defendants Clarke, Morgan, Ramsey, Brunson, Blakeman, Pemberton, and Toohey. Plaintiff's federal claims against them are DISMISSED WITH PREJUDICE; Plaintiff's state claims against them are DISMISSED WITHOUT PREJUDICE.
(3) Defendants Motion for Summary Judgment (ECF No. 18) is DENIED on grounds of Eleventh Amendment immunity as to Defendants Department of Corrections and the State of Washington.
(4) Defendants' Motion for Summary Judgment (ECF No. 18) is DENIED as to Defendants Nicholas and Annis (as to claims that they failed to timely assist or aid Plaintiff during the attack).
(5) The Clerk is directed to send copies of this Order to Plaintiff, counsel for Defendants and to the Hon. Karen L. Strombom.