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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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 SAMUEL GOODALL, 8 Plaintiff, 9 ORDER ADOPTING REPORT AND RECOMMENDATION v. 10 11 12 13 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, 14 Defendants. 15 The Court, having reviewed the Report and Recommendation of Magistrate Judge J. 16 Richard Creatura, objections to the Report and Recommendation, if any, and the remaining 17 record, does hereby find and ORDER: 18 (1) The Court adopts the Report and Recommendation. (2) Defendants’ motion for summary judgment regarding defendant DOC is granted; 19 20 and defendants’ motion for summary judgment regarding all claims for damages against 21 individual defendants in their “official capacities” also is granted as these parties are not 22 “persons” under § 1983. These claims are dismissed with prejudice. 23 24 ORDER - 1 1 (3) Due to lack of alleged personal participation, defendants’ motion for summary 2 judgment regarding defendants Rude and Miller-Stout is granted. 3 (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. 6 (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. 8 (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 10 be dismissed without prejudice. 11 (7) Defendants’ motion for summary judgment is granted and plaintiff’s complaint is 12 dismissed. 13 14 DATED this 12th day of June, 2017. 16 A 17 Ronald B. Leighton United States District Judge 15 18 19 20 21 22 23 24 ORDER - 2

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