Smith v. Shewsbury et al

Filing 69

ORDER granting (65) Motion for Clarification. Signed by District Judge John Corbett O'Meara. Associated Cases: 5:07-cv-14034-JCO-DAS, 5:08-cv-11019-JCO-DAS, 5:08-cv-11022-JCO-DAS, 5:08-cv-13280-JCO-DAS (WBar)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FRANKLIN SMITH, DEVIN PLUMMER, BRANDON PANNELL, and CLIFFORD COLLINS, JR., as next friend of CLIFFORD COLLINS III, Plaintiffs, v. JEFF PATTERSON, et al., Defendants. ____________________________________/ ORDER GRANTING DEFENDANTS' MOTION FOR CLARIFICATION Before the court is Defendants' motion for clarification of this court's February 1, 2010 order granting in part and denying in party Defendants' motion for summary judgment. Defendants note that the order did not specifically address the claims against Michael Lividini, Kenneth May, and John MacDonald. Plaintiffs claimed that these defendants had a duty to intervene to prevent Steven Schwein from violating Plaintiff Devin Plummer's constitutional rights. See Pls.' Resp. at 17-18 (docket # 53). The court ruled that Plummer could not sustain his constitutional claims. By implication, therefore, the claims against Lividini, May, and MacDonald also must fail. There is no allegation that Lividini, May, or MacDonald had personal involvement in the remaining claims by Plaintiffs Clifford Collins III and Brandon Pannell. Therefore, IT IS HEREBY ORDERED that Defendants' motion for clarification is GRANTED. Case Nos. 07-14034 08-11019 08-11022 08-13280 Hon. John Corbett O'Meara

IT IS FURTHER ORDERED that Plaintiffs' claims against Defendants Lividini, May, and MacDonald are DISMISSED. s/John Corbett O'Meara United States District Judge Date: February 12, 2010

I hereby certify that a copy of the foregoing document was served upon the parties of record on this date, February 12, 2010, using the ECF system and/or ordinary mail. s/William Barkholz Case Manager

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