Harris v. Sowers et al

Filing 115

ORDER - Adopting the Report and Recommendations Docs. 98 and 99 , denies 51 , the motion for preliminary injunction, and denies 78 ; the defendants can litigate the qualified immunity defense in summary judgment proceedings. Signed by Judge James L. Graham on 8/23/2018. (ds)(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
EASTERN DIVISION
Lionel Harris,
Plaintiff,
v.

Case NO. 2:16-cv-888

Aaron Sowers, et al.,
Defendants.
ORDER
This is a civil rights action under 42 U.S.C. §1983 brought by
plaintiff, Lionel Harris, an Ohio inmate, against employees of the
Madison Correctional Institution.

On July 2, 2018, the magistrate

judge filed a report and recommendation (Doc. 98) in which she
recommended that plaintiff’s motion for a preliminary injunction
(Doc. 51) be denied. Also on that date, the magistrate judge filed
a report and recommendation (Doc. 99) concerning the motion raising
qualified immunity as an affirmative defense (Doc. 78) filed by
certain defendants.

That motion is in essence a motion to dismiss

plaintiff’s claims on qualified immunity grounds.
judge

noted

that

defendants

relied

on

The magistrate

evidence

outside

the

pleadings. She recommended that the motion be denied, but that the
defendants be permitted to litigate the qualified immunity issue in
summary judgment proceedings.
The reports specifically advised the parties that objections
to the report and recommendation were due within fourteen days, and
that the failure to object to the report and recommendation “will
result in a waiver of the right to de novo review by the District
Judge and waiver of the right to appeal the judgment of the
District Court.”

Doc. 98, pp. 7; Doc. 99, p. 2.

The time period

for filing objections to the report and recommendation has expired,
and no objections to the report and recommendation have been filed.
Accordingly, the court adopts the reports and recommendations
(Docs. 98 and 99).
51) is denied.

The motion for a preliminary injunction (Doc.

The motion raising qualified immunity as a defense

(Doc. 78) is denied.

However, defendants will be permitted to

litigate the defense of qualified immunity in the summary judgment
proceedings in this case.

Date: August 23, 2018

s/James L. Graham
James L. Graham
United States District Judge

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