McDougald v. Eaches et al

Filing 18

ORDER ADOPTING 9 REPORT AND RECOMMENDATIONS that plaintiff's supplemental complaint be Dismissed for failure to state a claim upon which relief may be granted, and this matter proceed on his claims against: (1) defendants Eaches and Grooms in their individual capacities to the extent that plaintiff has alleged those two individuals participated in the use of excessive force in the incident that allegedly occurred on 5/2/2016 at SOCF; (2) defendants Eaches, Haywood and Grooms in thei r individual capacities to the extend that plaintiff has alleged those individuals took actions against him during the 5/2/2016 incident in retaliation for his having filed lawsuits against their fellow co-workers at SOCF; and (3) defendants Osbor ne, Combs, Haywood and "Jane Doe" nurse in their individual capacities to the extent that plaintiff has alleged those defendants failed to ensure that the was decontaminated and/or received proper medical care after the pepper-spraying incident. Signed by Judge Susan J. Dlott on 7/21/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Jerone McDougald,
Plaintiff(s),
vs.
Jeremy Eaches, et al.,
Defendant(s).

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Case Number: 1:16cv900
Judge Susan J. Dlott

ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate Judge reviewed
the pleadings and filed with this Court on February 6, 2017 a Report and Recommendation (Doc.
9). Subsequently, the plaintiff filed objections to such Report and Recommendation (Doc. 10).
The Court has reviewed the comprehensive findings of the Magistrate Judge and
considered de novo all of the filings in this matter. Upon consideration of the foregoing, the
Court does determine that such Recommendation should be adopted.
Accordingly, plaintiff’s supplemental complaint is DISMISSED for failure to state a
claim upon which relief may be granted. This matter proceeds on the claims against (1)
defendants Eaches and Grooms in their individual capacities to the extent that plaintiff has
alleged those two individuals participated in the use of excessive force in the incident that
allegedly occurred on May 2, 2016 at the Southern Ohio Correction Facility (“SOCF”); (2)
defendants Eaches, Haywood, and Grooms in their individual capacities to the extent that
plaintiff has alleged those individuals took actions against him during the May 2, 2016 incident

in retaliation for his having filed lawsuits against their fellow co-workers at SOCF; and (3)
defendants Osborne, Combs, Haywood, and “Jane Doe” a nurse in their individual capacities to
the extent that plaintiff has alleged those defendants failed to ensure that he was decontaminated
and/or received proper medical care after the pepper-spray incident.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Judge Susan J. Dlott
United States District Court