Carter v. Johnson et al

Filing 134

ORDER granting in part and denying in part 114 Motion for Summary Judgment; denying 118 Motion for Summary Judgment; all defendants except Mitchem, Horn, Davidson, J. Honaker, Looney, and Belcher are TERMINATED as parties; and the Clerk SHALL set this matter for a jury trial. Signed by District Judge Michael F. Urbanski on 3/11/2013. (tvt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
JEREMY SCOTT CARTER,
Plaintiff,
v.
GENE M. JOHNSON, et al.,
Defendants.

)
)
)
)
)
)
)

Civil Action No. 7:10-cv-00342

ORDER
By:

Hon. Michael F. Urbanski
United States District Judge

In accordance with the Memorandum Opinion entered this day, it is hereby
ORDERED
that plaintiff’s motion for summary judgment (ECF no. 118) is DENIED; defendants’ motion for
summary judgment (ECF no. 114) is DENIED in part as to the Eighth Amendment claims
against defendants Mitchem, Horn, Davidson, J. Honaker, Looney, and Belcher for the events
before and during the attack on March 9, 2009; defendants’ motion for summary judgment (ECF
no. 114) is GRANTED in part as to all other claims; all defendants except Mitchem, Horn,
Davidson, J. Honaker, Looney, and Belcher are TERMINATED as parties; and the Clerk
SHALL set this matter for a jury trial.
The Clerk is directed to send copies of this Order and the accompanying Memorandum
Opinion to plaintiff and counsel of record for defendants.
Entered: March 11, 2013

/s/ Michael F. Urbanski
Michael F. Urbanski
United States District Judge