Caskey v. South Dakota State Penitentiary et al

Filing 77

ORDER denying 53 Motion for Summary Judgment; granting 57 Motion for Summary Judgment; adopting 69 Report and Recommendation; granting 74 Motion to Appoint Counsel. Signed by U.S. District Judge Karen E. Schreier on 11/19/15. (DJP)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
CODY RAY CASKEY,

4:14-CV-04010-KES

Plaintiff,
vs.
SOUTH DAKOTA STATE
PENITENTIARY,
SOUTH DAKOTA DEPARTMENT OF
HEALTH,
DR. EUGENE REGIER, in his individual
capacity;
RYAN MANSON, CNP, in his individual
capacity;
DARIN YOUNG, in his individual and
official capacities;
JUSTIN ELKINS, in his individual and
official capacities;
KAYLA THEILAN, in his individual and
official capacities;
JANE DOES, in his individual and
official capacities;
JOHN DOES, in his individual and
official capacities;
DENNIS LAUSENG,

ORDER ADOPTING REPORT AND
RECOMMENDATION, GRANTING IN
PART AND DENYING IN PART
MOTION FOR SUMMARY
JUDGMENT, AND GRANTING
MOTION TO APPOINT COUNSEL

Defendants.
Plaintiff, Cody Ray Caskey, filed this lawsuit pursuant to 42 U.S.C.
§ 1983. The case was referred to Magistrate Judge Veronica L. Duffy for a
recommended disposition pursuant to 28 U.S.C. § 636(b)(1)(B) and this court’s
October 16, 2014, standing order.

All defendants moved for summary judgment. Docket 53; Docket 57.
Magistrate Judge Duffy submitted her report recommending that this court
grant summary judgment to all defendants except Dennis Lauseng. Docket 69.
Magistrate Judge Duffy also recommends that this court appoint counsel for
Caskey. Id. Caskey was notified in the report and recommendation that he had
14 days to file objections to the report. Even though no objections were filed
that would require de novo review under Thompson v. Nix, 897 F.2d 356
(8th Cir. 1990), the court reviewed the matter de novo and adopts the report
and recommendation in full. Accordingly, it is ORDERED
1.

Magistrate Judge Duffy’s report and recommendation (Docket 69)

is adopted in full.
2.

Defendants Regier, Manson, Young, Elkings, Theilan, Jane Does,

John Does, the South Dakota State Penitentiary, and the South Dakota
Department of Health’s motion for summary judgment (Docket 57) is
granted. These defendants are dismissed.
3.

Defendant Lauseng’s motion for summary judgment (Docket 53) is

denied.
4.

Caskey’s motion to appoint counsel (Docket 74) is granted. The

court will appoint counsel by separate order.
Dated November 19, 2015.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
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