R.M. v. State of Washington et al

Filing 106

ORDER ADOPTING IN PART AND DECLINING TO ADOPT IN PART REPORT AND RECOMMENDATION re 102 Defendant's Motion for Summary Judgment is DENIED; the Court ADOPTS the remainder of the Report and Recommendation 102 ; signed by Judge Ronald B. Leighton. (DN)

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. 3:18-cv-05387-RBL-TLF

R.M.,
Plaintiff,
v.
STATE OF WASHINGTON, et. al.,
Defendant.

ORDER ON MAGISTRATE JUDGE
FRICKE’S REPORT AND
RECOMMENDATION AND
DEFENDANTS’ OBJECTIONS TO
REPORT AND RECOMMENDATION

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THIS MATTER is before the Court on Magistrate Judge Fricke’s Report and

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Recommendation, Dkt. #102, on State Defendants’ Motion for Summary Judgment, Dkt. #47.

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Defendants Object to the Report and Recommendation, arguing that it improperly finds facts and

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improperly denies their motion for summary judgment on qualified immunity “with prejudice.”

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Dkt. #103. Defendants specifically argue that the Recommendation “erroneously relied on Hayes

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v. Synder, 546 F.3d 516 (7th Cir. 2008),” as it is “not factually analogous” and not controlling

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law in this case. Dkt. #103 at p. 2.

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Under Rule 56, a Court may not make determinations of fact at the summary judgment

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stage. The Report does not make factual determinations, and this Court will not do so on a

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summary judgment motion.

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ORDER ON MAGISTRATE JUDGE FRICKE’S
REPORT AND RECOMMENDATION AND
DEFENDANTS’ OBJECTIONS TO REPORT AND
RECOMMENDATION - 1

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Viewed in the light most favorable to R.M., the evidence would permit a jury to find that

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Defendants acted with deliberate indifference to his serious medical needs. Defendants are

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therefore not entitled to summary judgment on their claim of qualified immunity. This does not

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mean that the Court is effectively granting the summary judgment motion in R.M.’s favor.

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The Court ADOPTS the remainder of the Report and Recommendation. Dkt. #102.

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Defendant’s Motion for Summary Judgment is DENIED.

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IT IS SO ORDERED.

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Dated this 29th day of July, 2019.

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A

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Ronald B. Leighton
United States District Judge

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ORDER ON MAGISTRATE JUDGE FRICKE’S
REPORT AND RECOMMENDATION AND
DEFENDANTS’ OBJECTIONS TO REPORT AND
RECOMMENDATION - 2