SLEDGE v. UNITED STATES BUREAU OF PRISONS
Filing
42
ORDER granting in part 25 Defendant's Motion to Dismiss Third Amended Complaint or, in the Alternative, to Transfer as to Counts III and IV and denying in part in all other respects; affording the parties limited jurisdictional discovery concerning Counts I,II,V, and VI. (See order for full details) Signed on 7/13/10 by Judge Roger W. Titus, U.S. District Court Judge for the District of Maryland, sitting by designation. (jeb, )
SLEDGE v. UNITED STATES BUREAU OF PRISONS
Doc. 42
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STEVEN SLEDGE, et al., Plaintiffs v. UNITED STATES OF AMERICA, Defendant. * * * * * * * * * * * ORDER Upon consideration of Defendant United States of America's Motion to Dismiss Third Amended Complaint or, in the Alternative, to Transfer (Paper No. 25), the opposition and reply thereto, Plaintiff Steven Sledge and Dianne Sledge's Supplemental Memorandum in Opposition to Defendant's Rule 12(b)(1) Motion to Dismiss or, in the Alternative, Transfer (Paper No. 33), the reply thereto, and the arguments of counsel presented at the hearing conducted before the undersigned on January 26, 2010, it is, for the reasons stated in the accompanying Memorandum Opinion, this 13th day of July, 2010, by the United States District Court for the District of Maryland, ORDERED, that Defendant's Motion to Dismiss Third Amended Complaint or, in the Alternative, to Transfer (Paper No. 25) is GRANTED IN PART as to Counts III and IV and is DENIED IN PART in all other respects; and it is further ORDERED, that the parties will be afforded LIMITED JURISDICTIONAL DISCOVERY concerning Counts I, II, V, and VI, to be strictly confined to establishing whether there is any evidence that: (i) mandatory directives exist; (ii) Federal Bureau of Prisons ("BOP") employees at FCI-Allenwood and USMC-Springfield violated any mandatory directives; and
Case No.: RWT 06cv742
Dockets.Justia.com
(iii) BOP employees exercised discretionary judgments not fraught with public policy considerations in connection with the October 15, 2002 attack and November 2005 visit.
/s/ ROGER W. TITUS UNITED STATES DISTRICT JUDGE
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