Opinion
CIVIL 1:21-CV-1293
06-29-2023
HAROLD LEAPHART, Plaintiff, v. WILLIAM CAMPBELL, et al., Defendants.
ORDER
Martin C. Carlson United States Magistrate Judge
For the reasons set forth in the accompanying Memorandum Opinion, the defendants' motion for summary judgment (Doc. 45) is GRANTED, in part, and DENIED, in part as follows:
First, any claims premised upon alleged verbal harassment of the plaintiff are DISMISSED.
Second, all medical deliberate indifference claims are DISMISSED.
Third, the excessive force claims against Defendants Kirsch, Long, Booher, and Sosak are DISMISSED.
The summary judgment motion is DENIED with respect to excessive force claims against Defendant Merrits arising out of allegedly prolonged use of chemical agents or positional asphyxia of the plaintiff, and as to these claims the motion is also DENIED with respect to Defendant Campbell.
IT IS FURTHER ORDERED that the parties shall consult, confer, and notify the court on or before July 28, 2023, whether they wish to pursue mediation or settlement discussions in this case.