Robinson v. Southers et al

Filing 175

ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS, granting in part and denying in part 120 Motion for Summary Judgment. IT IS HEREBY ORDERED THAT: 1.The Report and Recommendations are NOT ADOPTED insofar as Magistrate Judge Carlson recommends d ismissal of Plaintiffs surviving claims pursuant to Rule 20 of the Federal Rules of Civil Procedure.2.The Report and Recommendations (Docs. 146,147, 149, 151, 152, 155, 156, 158, 161, 162, 163, 165) are ADOPTED in all other respects for the reasons s et forth therein.3.Defendants Motion for Summary Judgment (Doc. 120) is GRANTED IN PART and DENIED IN PART. (See ORder for details.) 7.On or before January 10, 2020, remaining Defendants may file motions for summary judgment. Any such motions shall be limited to the following legal issues: 1) whether Plaintiff exhausted administrative remedies before filing suit with regard to Plaintiffs three remaining claims; 2) whether Defendants are entitled to summary judgment on the merits of Plaintiffs Eighth Amendment spit mask claim; and 3) whether Defendants are entitled to summary judgment on the merits Plaintiffs claim that his due process rights were violated by Defendant Reisingers failure to recuse herself from a disciplinary hearing.8.Defe ndants Southers, Horner, Chambers, Whalen, Sword, Stum, Mihal, Gonzales, and Louis are granted summary judgment and dismissed from this case. 9.This case is remanded to Magistrate Judge Carlson for further proceedings consistent with this order. Signed by Honorable Robert D. Mariani on 12/20/19. (jam)