Boles #156632 v. Lewis et al

Filing 124

ORDER AND PARTIAL JUDGMENT granting in part and denying in part 121 plaintiff's objections, granting in part and denying in part 119 Defendants Lewis, Case, Christiansen, Tefft, Richardson, Haynie, Lowery and Jacksons objections, and denying 114 Defendant Migliorino's objections; ADOPTING 112 REPORT AND RECOMMENDATION of August 22, 2008; ADOPTING IN PART AND REJECTING IN PART 113 REPORT AND RECOMMENDATION of August 28, 2008; denying 93 Defendant Migliorino's Motion to Dismiss, granting in part and denying in part 58 Defendants Lewis, Case, Christiansen, Tefft, Richardson, Haynie, Lowery and Jacksons Motion for Summary Judgment, and denying 55 Plaintiff's Motion for Partial Summary Judgment; DISMISSING all claims against Defendants Lowery, Jackson, Haynie and Tefft; signed by Senior Judge Richard Alan Enslen (Senior Judge Richard Alan Enslen, blb)

UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

ROBERT LEE BOLES, JR., Plaintiff, v. GARY LEWIS, et al., Defendants. ____________________________________/ ORDER AND PARTIAL JUDGMENT For the reasons set forth in the Opinion issued this date, IT IS HEREBY ORDERED that Plaintiff's Objections (Dkt. No. 121) are GRANTED IN PART AND DENIED IN PART; Defendants Lewis, Case, Christiansen, Tefft, Richardson, Haynie, Lowery and Jackson's Objections (Dkt. No. 119) are GRANTED IN PART AND DENIED IN PART; and Defendant Migliorino's Objections (Dkt. No. 114) are DENIED. IT IS FURTHER ORDERED that the Report and Recommendation of the Magistrate Judge issued August 22, 2008 (Dkt. No. 112) is ADOPTED. IT IS FURTHER ORDERED that the Report and Recommendation of the Magistrate Judge issued August 28, 2008 (Dkt. No. 113) is ADOPTED IN PART AND REJECTED IN PART as set forth in the Opinion. IT IS FURTHER ORDERED that Defendant Migliorino's Motion to Dismiss (Dkt. No. 93) is DENIED; Defendants Lewis, Case, Christiansen, Tefft, Richardson, Haynie, Lowery and Case No. 1:07-CV-277 Hon. Richard Alan Enslen

Jackson's Motion for Summary Judgment (Dkt. No. 58) is GRANTED IN PART AND DENIED IN PART; and Plaintiff's Motion for Partial Summary Judgment (Dkt. No. 55) is DENIED. IT IS FURTHER ORDERED that Defendants Lowery, Jackson, Haynie and Tefft are entitled to summary judgment on all claims against them, and they are hereby dismissed as party Defendants; Defendant Christiansen is entitled to summary judgment on the retaliation claim made against him; Defendant Case is entitled to summary judgment on that portion of Plaintiff's retaliation claim alleging that Case retaliated against Plaintiff by issuing a major misconduct ticket on January 11, 2005; Defendant Richardson is entitled to summary judgment on that portion of Plaintiff's retaliation claim alleging that Richardson retaliated against Plaintiff by issuing a major misconduct ticket on January 20, 2006. Defendants Case, Christiansen and Richardson are not entitled to summary judgment on Plaintiff's Eighth Amendment claims against them. Defendants Case and Richardson are not entitled to summary judgment on the remaining portions of Plaintiff's retaliation claims against them. Defendant Migliorino is not entitled to dismissal of any claim against him.

DATED in Kalamazoo, MI: September 30, 2008

/s/ Richard Alan Enslen RICHARD ALAN ENSLEN SENIOR UNITED STATES DISTRICT JUDGE

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