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Blount v. Miller

United States District Court, W.D. Virginia, Roanoke Division

March 31, 2015

DONELL J. BLOUNT, SR., Plaintiff,
v.
SGT. ERIC MILLER, ET AL., Defendant(s)

ORDER

GLEN E. CONRAD, District Judge.

In accordance with the accompanying memorandum opinion, it is hereby ADJUDGED AND ORDERED as follows:

1. The motion for summary judgment (ECF No. 30) filed by Defendants Collins, Franklin, Hall, Miller, Still, and Williams is GRANTED IN PART AND DENIED IN PART; the motion is DENIED as to: the excessive force claim against Williams and Miller, and the deliberate indifference and due process claims against Miller, Collins, Still, and Hall, arising from Blount's 18-hour term in ambulatory restraints on November 5 and 6, 2013; and the deliberate indifference claim against Defendants Rose and Wood for allegedly giving Blount empty meal trays for six consecutive meals on October 9 and 10, 2013; but the motion is GRANTED as to all other claims and defendants;
2. The motions for summary judgment (ECF Nos. 50 & 62) filed by Defendants Rose and Wood are GRANTED IN PART AND DENIED IN PART; the motions are DENIED as to plaintiff's Eighth Amendment claim that Rose and Wood gave him empty meal trays for six consecutive meals in October 2013; but the motions are GRANTED as to all other claims;
3. Plaintiff's motions to amend to add Warden Mathena and Lt. Stanley as defendants (ECF Nos. 41 & 74) are GRANTED, and the clerk shall add these individuals to the docket in place of Defendants John Doe 1 & 2; but all claims against Mathena and Stanley are summarily DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915A(b)(1), for failure to state a claim;[1]
4. Plaintiff's motion for summary judgment (ECF No. 61) is DENIED;
5. Defendants John Doe 3-5 are DISMISSED without prejudice under 28 U.S.C. § 1915A(b)(1), because the complaint fails to allege facts concerning actions undertaken by these individuals in violation of plaintiff's constitutional rights; and
6. The clerk is DIRECTED to set this matter for trial before a seven-member jury in Big Stone Gap, Virginia, at the court's earliest convenience.

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