Opinion
Civil Action 3:21-867
03-11-2022
SHANNON MYERS, Plaintiff v. CLINTON COUNTY CORRECTIONAL FACILITY, et al., Defendants
ORDER
MALACHY E. MANNION United States District Judge
In accordance with the memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) Defendants' objections (Doc. 20, Doc. 21) to the report and recommendation pending before the court are SUSTAINED.
(2) The report and recommendation (Doc. 19) is ADOPTED IN PART AND NOT ADOPTED IN PART.
(3) The report and recommendation is ADOPTED to the extent that plaintiff's claims against defendants CCCF, Clinton County Prison Board, Snyder, Smeltz and Conklin; plaintiff's due process and equal protection claims under the Fourteenth Amendment; and plaintiff's claims for punitive damages against Clinton County and the Warden defendants in their official capacity are DISMISSED.
(4) The report and recommendation is NOT ADOPTED with respect to plaintiff's Eighth Amendment claim, as the court finds that the Colburn II standard should have been applied in evaluating that claim.
(5) The instant action is REMANDED to the magistrate judge for consideration of plaintiff's Eighth Amendment claim under the Colburn II standard.