MILLER v. BEDFORD COUNTY et al

Filing 42

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment (ECF No. 24 ) is GRANTED IN PART and DENIED IN PART. Specifically, the Court GRANTS Defendants' Motion as to Bedford County and Bedford County Correct ional Facility. The Court DENIES Defendants' Motion as to Nelson and Habinyak. IT IS FURTHER ORDERED that the Court will not adopt the two full paragraphs on page nine of the Magistrate Judge's Report (the paragraphs beginning with "P recedent requires" and "As the Supreme Court advises"), as well as the first full paragraph on page ten of the Magistrate Judge's Report (the paragraph beginning with "Further, the Prison's grievance policy"). (ECF No. 36 at 9-10). The Court will substitute Section III.A.3.c of the foregoing Memorandum in place of those paragraphs. Moreover, the Court will insert Section III.B of the foregoing Memorandum into the Magistrate Judge's Report immediately a fter Section III.A.3.c. The Court adopts the rest of the Magistrate Judge's Report in full. IT IS FURTHER ORDERED that the clerk shall dismiss Defendant Bedford County and Defendant Bedford County Correctional Facility from this matter. Miller's claim against Defendant Troy Nelson and Defendant Gary Wayne Habinyak is referred back to the Magistrate Judge for further proceedings, and as more fully stated in said Memorandum and Order. Signed by Judge Kim R. Gibson on 3/31/2022. (dlg)