Olmetti v. Kent, County of et al

Filing 143

ORDER ADOPTING IN PART AND REJECTING IN PART REPORT AND RECOMMENDATION 113 : sustaining in part and overruling in part objections 118 116 ; granting in part and denying in part motion 68 ; dismissing defendants Justin Mezsets, Kent County, Shane Cole, and Eric Santiago; signed by Chief Judge Hala Y. Jarbou (aks)

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Case 1:20-cv-00395-HYJ ECF No. 143, PageID.3686 Filed 09/15/22 Page 1 of 2 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LONNIE OLMETTI, Plaintiff, Case No. 1:20-cv-395 v. Hon. Hala Y. Jarbou KENT COUNTY, et al., Defendants. ____________________________/ ORDER In accordance with the opinion entered this date: IT IS ORDERED that the R&R (ECF No. 113) is ADOPTED IN PART and REJECTED IN PART. It is rejected only insofar as it applies the Eighth Amendment deliberate indifference standard and recommends granting summary judgment on the excessively forceful handcuffing claim and negligence claim against Defendants King and Linsea. IT IS FURTHER ORDERED that Plaintiff’s objection (ECF No. 118) to the disposition in the R&R is SUSTAINED IN PART and OVERRULED IN PART. Plaintiff’s objection is sustained insofar as it objects to the R&R’s application of the Eighth Amendment deliberate indifference standard, and the R&R’s disposition of the excessively forceful handcuffing claim and negligence claim against Defendants King and Linsea. IT IS FURTHER ORDERED that Defendants’ objection (ECF No. 116) to the R&R is SUSTAINED IN PART and OVERRULED IN PART. Defendants’ objection is sustained insofar as it objects to the R&R’s determination of the excessive force claim against Defendants King and Linsea based on conduct on the way to the hospital. Case 1:20-cv-00395-HYJ ECF No. 143, PageID.3687 Filed 09/15/22 Page 2 of 2 IT IS FURTHER ORDERED that Defendants’ motion for summary judgment (ECF No. 68) is GRANTED IN PART and DENIED IN PART. It is denied as to Counts III and IV against Defendants Tyler King and Justin Linsea and granted as to the rest. IT IS FURTHER ORDERED that Defendants Justin Mezsets and Kent County are DISMISSED from this case. IT IS FURTHER ORDERED that Defendants Shane Cole and Eric Santiago are DISMISSED from this case per 28 U.S.C § 1367(c)(3). The claims remaining are Counts III and IV against Defendants Tyler King and Justin Linsea. Dated: September 15, 2022 /s/ Hala Y. Jarbou HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE 2

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