Opinion
4:21-CV-01479
07-19-2022
KEVIN MILTON, Plaintiff, v. CLINTON COUNTY CORRECTIONAL FACILITY, et al., Defendants.
ORDER
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE
AND NOW, this 19th day of July 2022, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:
1. The motion (Doc. 31) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) by defendants Hoover, Ross, Ruch, and Rausch is GRANTED to the extent that all federal and state-law claims against these Defendants are DISMISSED without prejudice.
2. The motion (Doc. 74) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) by defendant Munro is GRANTED to the extent that all federal and state-law claims against Munro are DISMISSED without prejudice.
3. The motion (Doc. 69) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) by defendants Houdeshell and Angle is GRANTED in part and DENIED in part, as follows:
a. Defendants' motion is GRANTED as to Milton's Fourteenth Amendment claims of failure to protect and inadequate medical care, as well as Milton's state-law claim of civil conspiracy. Said claims against Houdeshell and Angle are DISMISSED without prejudice.
b. Defendants' motion is DENIED as to Milton's Fourteenth Amendment claim of unconstitutional conditions of confinement and First Amendment claim of retaliation.
4. Milton's federal and state-law claims against defendant Laniar are DISMISSED without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim on which relief may be granted.
5. Milton's motion to amend (Doc. 84) is GRANTED only to the extent that Milton may, if desired, file a second amended complaint in conformity with the accompanying Memorandum within 21 days of the date of this Order, or on or before August 9, 2022.
6. If no second amended complaint is timely filed, this case will proceed on the following Section 1983 claims: Fourteenth Amendment conditions of confinement and First Amendment retaliation against defendants Houdeshell and Angle only.