Dale v. Dejong et al

Filing 97

ORDER granting in part and denying in part 78 Motion to Dismiss; terminating as moot 91 Report and Recommendation; terminating as moot 92 Objection to Report and Recommendation.; adopting in part 93 Report and Recommendation; granting in part and denying in part 94 Objection to Report and Recommendation. Signed by U.S. District Judge Lawrence L. Piersol on 2/17/17. (SLW)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

JAMES IRVING DALE,

Plaintiff,

CIV 14-4102

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vs.

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ORDER

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CORY TYLER; ANDRA GATES;
MICHAEL JOE HANVEY;
MIKE DOYLE;TAMMY DeJONG;
KELLY TJEERDSMA;
MICHAEL MEYER;
REBECCA SCHIEFER;
GEORGE DEGLMAN;

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UNKNOWN DEPARTMENT OF

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CORRECTIONS MEDICAL STAFF;

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UNKNOWN DEPARTMENT OF

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CORRECTIONS STAFF; and

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ROBERT DOOLEY;

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Defendants.

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In his Objeetions,Doe.94,to the Magistrate Judge's Amended Report and Recommendation,
Doc. 93, Plaintiff Bell makes additional allegations regarding Defendants Kelly Tjeerdsma and

Corey Tyler. These allegations coupled with past allegations are enough for a punitive damage claim
against those two Defendants to withstand the Motion to Dismiss. Accordingly, the Amended
Report and Recommendation is adopted in its entirety exceptthat the punitive damage claims against
Kelly Tjeerdsma and Corey Tyler can proceed and punitive damage claims against the remaining
Defendants are dismissed. Accordingly,

IT IS ORDERED:

I.

Thatthe Magistrate Judge's Amended Report and Recommendation,Doe.93,

is adopted in its entirety except that the punitive damage claims against Kelly
Tjeerdsma and Corey Tyler can proceed and punitive damage claims against

the remaining Defendants are dismissed.

2.

That the Magistrate's Judge's Report and Recommendation, Doc. 91, is
moot.

3.

ThatPlaintiffDale's Objections to the Report and Recommendation,Doc.92,
are moot.

4.

That Plaintiff Dale's Objections to the Amended Report and
Recommendation, Doc. 94, are granted in part and denied in part.

5.

That the Defendants' Motion to Dismiss, Doc. 78, is granted in part and
denied in part as follows:

A.

That Plaintiff Dale's claims for declaratory and injunctive
relief on all his claims are dismissed with prejudice.

B.

That Plaintiff Dale's claims for punitive damages on all his
claims are dismissed with prejudice, except that the punitive

damage claims against Kelly Tjeerdsma and Corey Tyler may
proceed.

C.

That Plaintiff Dale's claims for compensatory and nominal
damages on his First and Eighth Amendment claims may
proceed.

Dated this 17th day of February, 2017.
BY THE COURT:

AduvujujuL

Mwrence L. Piersol
United States District Judge

ATTEST:

JOSEPH HAAS,CLERK

DEPUTY