Theurich v. Kitsap County et al

Filing 59

ORDER ON OFFICER TUITASI'S MOTION FOR SUMMARY JUDGMENT, by Judge Robert J. Bryan. Officer Ray Tuitasis Motion for Summary Judgment (Dkt. 42) is GRANTED. The claims asserted against Officer Ray Tuitasi (named in this lawsuit as Officer RT#1146) are DISMISSED WITH PREJUICE. (DK)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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MICHAEL THEURICH, individually,
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Plaintiff,
v.
No. C15-5097 RJB
KITSAP COUNTY, a Municipal
Corporation organized under the laws of
the State of Washington, and CONMED,
Inc., a Foreign Corporation doing
business in Kitsap, County, Washington,
and BARBARA MULL, BRUCE
KALER, M.D., OFFICER RT #1146,
ARLEN JOHNSON, and C. MCCARTY,

ORDER ON OFFICER TUITASI’S
MOTION FOR SUMMARY DISMISSAL

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Defendants.
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This matter comes before the Court on Officer Ray Tuitasi’s (named in this lawsuit as

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Officer RT#1146) Motion for Summary Judgment Dismissal. Dkt. 42. The Court has reviewed

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the pleadings filed regarding the motion and the remaining record.

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Plaintiff brings this civil rights case pursuant to 42 U.S.C. §1983 alleging that Defendants
violated his Eighth and Fourteenth Amendment rights while he was in custody at the Kitsap
County, Washington jail. Dkt. 1. Plaintiff alleges that the Officer Tuitasi was deliberately

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indifferent to Plaintiff’s serious medical need while he was a pre-trial detainee. Id. Officer
Tuitasi moved for summary dismissal of the claims against him on November 19, 2015. Dkt. 42.

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Plaintiff’s motion to defer consideration of the motion until after Officer Tuitasi’s deposition was

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granted. Dkt. 55. Officer Tuitasi was informed that he could renote his motion for consideration

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ORDER - 1

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after the deposition. Id. The deposition took place, and on January 21, 2016, Officer Tuitasi

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renoted his motion for summary judgment. Dkt. 56.

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Plaintiff responded to the motion for summary judgment, and concedes that the motion
for summary judgment should be granted. Dkt. 58.

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Accordingly, Officer Ray Tuitasi’s (named in this lawsuit as Officer RT#1146) Motion
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for Summary Judgment Dismissal (Dkt. 42) should be granted and all claims asserted against
him dismissed with prejudice.
I.

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IT IS ORDERED:


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Officer Ray Tuitasi’s Motion for Summary Judgment Dismissal (Dkt. 42) IS
GRANTED; and



Claims asserted against Officer Ray Tuitasi (named in this lawsuit as Officer
RT#1146) are dismissed WITH PREJUICE.

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ORDER

The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.
Dated this 8th day of February, 2016.

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A

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ROBERT J. BRYAN
United States District Judge

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ORDER - 2