Lee v. Willey et al

Filing 105

ORDER granting in part and denying in part 75 Defendant Mehra's Motion for Summary Judgment; granting 76 Defendant Schneeman's Motion for Summary Judgment; adopting 97 Report and Recommendation. Signed by District Judge Nancy G. Edmunds. (CHem)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Larry Lee, Case No. 10-12625 Plaintiff, Honorable Nancy G. Edmunds v. Dean Willey, et al., Defendants. / ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION [97] Before the Court is Defendant Kameshwari Mehra’s objections to Magistrate Judge Randon’s August 22, 2012 report and recommendation. The Court, being fully advised in the premises, having reviewed the record and pleadings, and having reviewed the objections to the report and recommendation, OVERRULES Defendant Mehra’s objections to the report and recommendation and ACCEPTS and ADOPTS the report and recommendation in full. The Court grants in part and denies in part Defendant Mehra’s motion for summary judgment. (Dkt. 75.) The Court grants Defendant Mehra’s motion with respect to Plaintiff’s deliberate indifference to serious medical needs, cruel and unusual punishment, failure to train and supervise, violation of Michigan’s ECLRA, violation of equal protection rights, and intentional infliction of emotional distress claims against Defendant Mehra–those claims are dismissed with prejudice. The Court denies Defendant Mehra’s motion with respect to the deliberate 1 indifference to safety claim against Defendant Mehra in his individual capacity– that claim will proceed. The Court grants Defendant Schneeman’s motion for summary judgment in its entirety. (Dkt. 76.) Defendant Scheeman is therefore dismissed from this case. SO ORDERED. s/Nancy G. Edmunds Nancy G. Edmunds United States District Judge Dated: October 15, 2012 I hereby certify that a copy of the foregoing document was served upon counsel of record on October 15, 2012, by electronic and/or ordinary mail. s/Carol A. Hemeyer Case Manager 2

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