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Spencer v. Courtier

March 18, 2010

RAVANNA SPENCER, PLAINTIFF,
v.
LANCE COURTIER, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Sean J. McLAUGHLIN United States District Judge

MEMORANDUM ORDER

Plaintiff's civil rights complaint was received by the Clerk of Court on June 1, 2009 and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's report and recommendation, filed on February 15, 2010 [32], recommends that the DOC Defendants' motion to dismiss [5] and Defendant Polmeuller's*fn1 motion to dismiss or, in the alternative, for summary judgment [27] be granted in part and denied in part. Specifically, the Magistrate Judge recommends that the DOC Defendants' motion to dismiss [5] be granted as follows:

a. All claims against SCI-Albion Defendants should be dismissed as untimely, and Defendants Brooks, Wilkes, Bryant, Giddens, Aubel, McKissock, and Suesser should be dismissed from this case;

b. Any claim related to or arising from the discontinuation of Plaintiff's psychotropic medications in April and October 2006 should be dismissed as untimely; and

c. Any claim against Defendant Maue related to or arising from his alleged failure to provide a psychiatric evaluation and medication during Plaintiff's hunger strike from January 2007 to March 2007 should be dismissed as untimely.

The remainder of the DOC Defendants' motion to dismiss should be denied. (Magistrate Judge's Report and Recommendation [32] at p. 26.)

With regard to Defendant Polmueller's motion to dismiss or in the alternative for summary judgment [27], the Magistrate Judge recommended that the motion be granted in part, to wit:

a. Any claim against Defendant Polmueller related to or arising from his alleged failure to provide a psychiatric evaluation and medication during Plaintiff's hunger strike from January 2007 to March 2007 should be dismissed as untimely;

b. Plaintiff's Eighth Amendment claim related to Defendant Polmueller's alleged failure to keep his psychiatric assessments confidential should be denied under the doctrine of collateral estoppel;

The remainder of Defendant Polmueller's motion should be denied.

(Report and Recommendation [32] at pp. 26-27.)

The parties were allowed ten (10) days from the date of service in which to file objections. Plaintiff filed partial objections to the Report and Recommendation [33] on March 1, 2010. Defendants have file no objections.

Plaintiff was incarcerated at SCI-Albion from July 15, 2003 to January 11, 2006, when he was transferred to SCI-Camp Hill and immediately placed in the Special Management Unit ("SMU") there. He remained in the SMU from January 11, 2006 until June 8, 2007 when he was transferred to SCI-Fayette. Named as Defendants in this lawsuit are numerous ...


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