Crouch v. Buck et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Crouch's claims regarding harassment, threats, and his discharge from Montana State Prison are DISMISSED. Crouch's Eighth Amendment claim for denial of medical care shall proceed. Defendant Erin Israel is DISMISSED from this action. Signed by Judge Dana L. Christensen on 2/24/2015. Mailed to Crouch. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

DILLON JAMES CROUCH,

FEB 2 4 2015
Clerk, U.S District Court
District Of Montana
Missoula

CV 14-24-H-DLC-JTJ

Plaintiff,
ORDER
vs.
JILL BUCK, DR. EDWARDS, DR.
FLYNN, CYNTHIA BOLES, ERIN
ISRAEL, and BRIAN WINTERS,
Defendants.
United States Magistrate Judge Keith Strong 1 entered his order, findings,
and recommendations in this case on December 29, 2014, recommending that
several of Plaintiff Crouch' s claims against Defendants be dismissed for failing to
state a claim upon which relief may be granted. Judge Strong also ordered that
Crouch's Eighth Amendment claim for denial of medical care be served upon the
applicable Defendants. Crouch did not object to Judge Strong's findings and
recommendations regarding the dismissed claims, and so waived his right to de
nova review of the record. 28 U.S.C. § 636(b)(l). The Court will therefore
review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus.
1. This case was reassigned to United States Magistrate Judge John T. Johnston on January 6,
2015. (Doc. 9.)
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Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court adopts Judge

Strong's findings and recommendations in full.
Judge Strong found that the conduct underlying Crouch's verbal threat and
harassment claims fails to rise to the level of an Eighth Amendment violation. See
Keenan v. Hall, 83 F.3d 1083, 1092 (9th Cir. 1996) (finding that the defendant

failed to state a constitutional claim because he failed to present "evidence that ..
. comments were unusually gross even for a prison setting and were calculated to
and did cause him psychological damage") (citations omitted). Judge Strong also
found that Crouch's claim related to his discharge from Montana State Prison, in
which he alleges Defendant Israel failed to arrange funding for continuing mental
health support post-incarceration, should be dismissed because "[t]here is no
constitutional right implicated by the facts alleged." (Doc. 8 at 8.) The Court
agrees with Judge Strong's analysis of these claims, and adopts it accordingly.
There being no clear error in the remainder of Judge Strong's findings and
recommendations,
IT IS ORDERED that Judge Strong's findings and recommendations (Doc.
8) are ADOPTED IN FULL. Crouch's claims regarding harassment, threats, and
his discharge from Montana State Prison are DISMISSED. Crouch's Eighth
Amendment claim for denial of medical care shall proceed.
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IT IS FURTHER ORDERED that Defendant Erin Israel is DISMISSED
from this action.
DATED this

2+~ay of February, 2015.

Dana L. Christensen, Chief Judge
United States District Court

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