Prince v. Crawford et al

Filing 61

MEMORANDUM OPINION AND ORDER accepting and incorporating herein the 58 Proposed Findings and Recommendations by Magistrate Judge Eifert; directing that the allegations against Executive Director David Farmer be DISMISSED on initial screening; gran ting in part and denying in part Defendants' 43 Motion to Dismiss Plaintiff's 39 Amended Complaint, as more fully set forth herein. Signed by Judge Robert C. Chambers on 7/13/2017. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

ROBERT WAYNE PRINCE,
Plaintiff,
v.

CIVIL ACTION NO. 3:16-2317

ADMINISTRATOR CRAWFORD, Western Regional Jail;
COUNSELOR STEPP, Western Regional Jail;
C.O. DANA TURLEY, Western Regional Jail,
Defendants.

MEMORANDUM OPINION AND ORDER
This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge,
for submission to this Court of proposed findings of fact and recommendation for disposition,
pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and
recommended that the allegations against Executive Director David Farmer be dismissed on initial
screening, (ECF No. 39 at 9); Defendants’ Motion to Dismiss Prince’s Amended Complaint, (ECF
No. 43), be granted, in part, and denied, in part, as follows. Prince’s claims for non-monetary relief,
his claims against the defendants in their official capacity, and his claims relating to the grievance
process should be dismissed, with prejudice. Given that the statute of limitations may not yet have
expired, Prince’s remaining claims for money damages against the defendants in their personal
capacity relating to access to courts, disciplinary measures taken against him, retaliation, recreation
area, the lack of a locker bay in his cell, his dining utensil and inability to sanitize his cup, and lack
of contact visits should be dismissed, without prejudice. Lastly, Prince’s claims alleging excessive
force due to full body restraints and his allegations of cruel and usual punishment due to the

conditions of his cell should not be dismissed at this stage of the proceedings. Prince should be
granted leave to develop these claims and identify which of the defendants allegedly committed
the violations.
Neither party has filed objections to the Magistrate Judge=s findings and recommendations.
Accordingly, the Court accepts and incorporates herein the findings and recommendation
of the Magistrate Judge and ORDERS that the allegations against Executive Director David
Farmer be DISMISSED on initial screening, (ECF No. 39 at 9); Defendants’ Motion to Dismiss
Prince’s Amended Complaint, (ECF No. 43), be GRANTED, in part, and DENIED, in part, as
follows. Prince’s claims for non-monetary relief, his claims against the defendants in their official
capacity, and his claims relating to the grievance process are DISMISSED, with prejudice. Given
that the statute of limitations may not yet have expired, Prince’s remaining claims for money
damages against the defendants in their personal capacity relating to access to courts, disciplinary
measures taken against him, retaliation, recreation area, the lack of a locker bay in his cell, his
dining utensil and inability to sanitize his cup, and lack of contact visits are DISMISSED, without
prejudice. Lastly, Prince’s claims alleging excessive force due to full body restraints and his
allegations of cruel and usual punishment due to the conditions of his cell are not dismissed at this
stage of the proceedings. Prince is granted leave to develop these claims and identify which of the
defendants allegedly committed the violations, consistent with the findings and recommendations.
The Court DIRECTS the Clerk to forward copies of this written opinion and order to all
counsel of record, and any unrepresented parties.
ENTER:

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July 13, 2017