Goodall v. Hatch et al

Filing 54

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 53 Defendants' motion for summary 34 is GRANTED and plaintiff's complaint is dismissed; signed by Judge Ronald B. Leighton. (DN) Modified on 6/12/2017 (DN). (cc to pltf)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SAMUEL GOODALL,
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Plaintiff,
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ORDER ADOPTING REPORT
AND RECOMMENDATION

v.
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CASE NO. 16-cv-5342-RBL

C/O HATCH, C/O K. ADAMS, SGT.
McMAINS, GRIEVANCE
COORDINATOR JEFFREY RUDE,
SUPERINTENDENT MAGGIE
MILLER-STOUT, and DEPARTMENT
OF CORRECTIONS,

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Defendants.

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The Court, having reviewed the Report and Recommendation of Magistrate Judge J.
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Richard Creatura, objections to the Report and Recommendation, if any, and the remaining
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record, does hereby find and ORDER:
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(1)

The Court adopts the Report and Recommendation.

(2)

Defendants’ motion for summary judgment regarding defendant DOC is granted;

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and defendants’ motion for summary judgment regarding all claims for damages against
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individual defendants in their “official capacities” also is granted as these parties are not
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“persons” under § 1983. These claims are dismissed with prejudice.
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ORDER - 1

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(3)

Due to lack of alleged personal participation, defendants’ motion for summary

2 judgment regarding defendants Rude and Miller-Stout is granted.
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(4)

Because plaintiff has failed to refute defendants’ arguments and evidence

4 demonstrating that the use of force was not excessive, defendants’ motion for summary judgment
5 regarding plaintiff’s claim that excessive force was used against him is granted.
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(5)

Based on a complete lack of factual support, defendants’ motion for summary

7 judgment regarding plaintiff’s claim that defendants conspired against him is granted.
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(6)

The Court should decline to extend supplemental jurisdiction over plaintiff’s

9 unrelated state law claims pursuant to the Washington Public Records Act. These claims should
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(7)

Defendants’ motion for summary judgment is granted and plaintiff’s complaint is

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DATED this 12th day of June, 2017.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2