Sonntag v. Gurres et al

Filing 161

ORDERED that the # 156 Report and Recommendation is APPROVED AND ADOPTED. Ds' # 138 Motion for Summary Judgment is GRANTED IN PART AND DENIED IN PART ( see pdf order for specifics ). FURTHER ORDERED that P's # 147 Motion to Strike is DENIED as moot. Signed by Judge Edward C. Reed, Jr on 6/18/2012. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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JASON SONNTAG,
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Plaintiff,
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vs.
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KENNETH GURRIES, et al.,
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Defendants.
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3:09-cv-00637-ECR-VPC

Order

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On March 27, 2012, the Magistrate Judge filed a Report and

14 Recommendation (#156), recommending that Defendants’ Second Motion
15 for Summary Judgment (#138) be granted in part and denied in part,
16 and that Plaintiff’s Motion to Strike (#147) be denied.

No

17 objections were timely filed.
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The Report and Recommendation (#156) recommends that summary

19 judgment be granted in favor of Defendant Carroll as to Plaintiff’s
20 claim of excessive force in Count I, and that summary judgment be
21 denied with respect to the remaining claims.

The Magistrate Judge

22 further recommends that Plaintiff’s Motion to Strike (#147) be
23 denied as moot.

Plaintiff requests that we strike docket numbers

24 136 and 137, a motion to reconsider and the opposition thereto.

The

25 Court denied the motion to reconsider (#136) and therefore
26 Plaintiff’s Motion to Strike ##136, 137 (#147) is moot.
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IT IS, THEREFORE, HEREBY ORDERED that the Report and

28 Recommendation (#156) is APPROVED AND ADOPTED.

Defendants’ Motion

1 for Summary Judgment (#138) is GRANTED IN PART AND DENIED IN PART on
2 the following basis.

Summary judgment is granted with respect to

3 Plaintiff’s claim of excessive force against Defendant Carroll in
4 Count I, and denied with respect to (1) Count I excessive force and
5 failure to protect against Defendant Gurries and failure to protect
6 against Defendant Carroll; (2) Count III excessive force against
7 Defendant Kelly based on supervisory liability and failure to
8 protect against Defendants Mays and Kelly; and (3) Count IV
9 excessive force against Defendant Kelly and failure to protect
10 against Defendants Mays and Kelly.

Defendants’ motion for summary

11 judgment based on qualified immunity is also denied.
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IT IS FURTHER ORDERED that Plaintiff’s Motion to Strike (#147)

13 is DENIED as moot.
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15 DATED: June 18, 2012.
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UNITED STATES DISTRICT JUDGE

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