Opinion
1:23-CV-0419
01-04-2024
KATIE F. LAPP, Plaintiff v. GEORGE NYE, et al, Defendants
ORDER
JULIA K. MUNLEY, UNITED STATES DISTRICT COURT.
AND NOW. in accordance with the accompanying Memorandum, IT IS ORDERED THAT:
1. Defendants' motion to dismiss (Doc. 16) is GRANTED in part and DENIED in part, as follows:
a. Lapp's Eighth Amendment excessive force claim against defendant Whitmire is DISMISSED with prejudice for failure to state a claim upon which relief may be granted.
b. Lapp's claims against defendant Burns are DISMISSED with prejudice for lack of personal involvement and thus for failure to state a claim upon which relief may be granted.
c. Lapp's individual capacity RLUIPA claims are DISMISSED with prejudice for failure to state a claim upon which relief may be granted.
d. Defendants' motion is DENIED in all other respects.
2. Lapp's Fourteenth Amendment procedural due process claim is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted.
3. Lapp's Eighth Amendment conditions-of-confinement claim is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted
4. The Clerk of Court is direct to terminate defendants Burns, Horrax, Weber, and Whitmire.
5. This case will proceed on the following Section 1983 causes of action: (1) First Amendment free exercise claims against defendants McCabe and Nye; and (2) official capacity RLUIPA claims against McCabe and Nye.