Lynn v. Crenshaw County Sheriff Department, et al. (MAG+)

Filing 37

MEMORANDUM OPINION AND ORDER directing that the United States Magistrate Judge's recommendations (doc. nos. 31 & 33 ) are adopted to the following extent: (1) Defendants Ronnie White's and Jerry Pritchard's motions to dismiss and al ternative motions for more definite statement (doc. nos. 12 and 26 ) are granted in part and denied in part; (2) The motions to dismiss (doc. nos. 12 and 26 ) are granted as to all claims except as further set out; (3) The motions for more defi nite statement (doc. nos. 12 and 26 ) are granted such that on or before April 16, 2015, plaintiff Lynn is to file an amended complaint, as further set out; this case is not closed. Signed by Honorable Judge Myron H. Thompson on March 16, 2015. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
LARRY LYNN,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
RONNIE WHITE, JERRY
PRITCHARD, and TERRY
MEARS,
Defendants.

CIVIL ACTION NO.
2:14cv379-MHT
(WO)

OPINION AND ORDER
Pursuant to 42 U.S.C. § 1983, plaintiff Larry Lynn,
a

county

inmate,

filed

this

lawsuit

treatment while in a county jail.

complaining

of

This lawsuit is now

before the court on the recommendations of the United
States Magistrate Judge that defendants Ronnie White’s
and

Jerry

Pritchard’s

motions

to

dismiss

and

alternative motions for more definite statement should
be

granted

in

part

and

denied

in

part.

After

an

independent and de novo review of the record, the court
concludes that the magistrate judge’s recommendations
should be adopted.
***

Accordingly, it is the ORDER, JUDGMENT, and DECREE
of

that

the

United

States

Magistrate

Judge's

recommendations (doc. nos. 31 & 33) are adopted to the
following extent:
(1) Defendants Ronnie White’s and Jerry Pritchard’s
motions

to

dismiss

and

alternative

motions

for

more

definite statement (doc. nos. 12 and 26) are granted in
part and denied in part.
(2) The motions to dismiss (doc. nos. 12 and 26)
are granted as to all claims except the following: (a)
plaintiff

Larry

Lynn’s

claim

for

cruel

and

unusual

punishment resulting from deprivation of medical care
and his “unsanitary” conditions of confinement from May
22, 2012, through January, 2013, his release date; and
(b) plaintiff Lynn’s allegation that he continued to
suffer personal injury from the alleged withholding of
medical

treatment

and

unsanitary

conditions

of

confinement from May 22, 2012, until May 22, 2014.
(3) The motions for more definite statement (doc.
nos. 12 and 26) are granted such that on or before
April 16, 2015, plaintiff Lynn is to file an amended
2

complaint

that

(a)

specifically

states

what

medical

care defendants failed to provide him; (b) specifically
describes

his

specifically
responsible
medical

care

conditions

names
for

his

during

the

of

defendant

conditions
the

confinement;

time

or

of

(c)

defendants

confinement

period

May

22,

and
2012,

through January, 2013; and (d) specifically states the
medical

conditions

that

plaintiff

Lynn

alleges

he

suffered from May 22, 2012 through May 22, 2014, due to
violation of his constitutional rights by defendants
and gives facts describing these conditions including
the onset dates.
This case is not closed.
DONE, this the 16th day of March, 2015.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE