Opinion
1:20-CV-615
05-05-2022
DEMONTRAY WARD, Plaintiff v. DR. ENIGK, et al., Defendants
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 5th DAY OF MAY, 2022, upon cte novo review of Magistrate Judge Martin C. Carlson's Report & Recommendation ("R&R") (Doc. 45), the Objections of Plaintiff (Doc. 48) and Defendants (Docs. 59, 60) thereto, and all other relevant documents, and for the reasons set forth in the Court's accompanying memorandum opinion, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 45) is ADOPTED IN PART and OVERRULED IN PART as set forth herein.
2. Plaintiff's Objections (Doc. 48) are OVERRULED for the reasons set forth in the Court's accompanying memorandum opinion.
3. Defendants' Objections (Docs. 59, 60) are SUSTAINED IN PART and OVERRULED IN PART for the reasons set forth in the Court's accompanying memorandum opinion.
4. Defendants' "Motion to Dismiss and for Summary Judgment" (Doc. 29) is GRANTED IN PART and DENIED IN PART as follows:
a. Defendants' motion for summary judgment as to Dr. Jennifer Enigk is GRANTED.
b. Defendants' motion to dismiss Plaintiff's First Amendment retaliation claim is GRANTED.
c. Defendants' motion to dismiss Plaintiffs Eighth Amendment excessive force/conditions of confinement claims is GRANTED.
d. Defendants' motion to dismiss Plaintiff's Eighth Amendment inadequate medical treatment claim is DENIED.
5. Defendants Dr. Jennifer Enigk, Lt. Rodney Troutman, Lt. Justin Leonowicz, and Lt. Eric Stuart are DISMISSED from this action consistent with this Order and for the reasons set forth in this Court's memorandum opinion.
6. The above-captioned action is remanded to Magistrate Judge Carlson for further proceedings consistent with this Order.