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Willis v. Scrogum

December 21, 2006

LAWRENCE WILLIS, PLAINTIFF,
v.
LT. SCROGUM, ET. AL., DEFENDANTS.



The opinion of the court was delivered by: Harold A. Baker United States District Judge

This cause is before the court for consideration of the defendants' motion for summary judgment [d/e 82] and the defendants' motion to stay the trial date. [d/e 90]

I. BACKGROUND

The plaintiff, Lawrence Willis, originally brought this action pursuant to 42 U.S.C. §1983 alleging that his constitutional rights were violated by 22 defendants at the Pontiac Correctional Center. On September 8, 2006, the court granted Defendants Dr. Funk and Dr. Vade's motion for summary judgment. The court also granted in part and denied in part a motion for summary judgment filed by six other defendants. See September 8, 2006 Court Order.

The plaintiff has 20 surviving defendants including: Dale Scrogum, Benny Dallas, Lowell Ganieany, Chad Altenbaumer, Kurt McCormick, Gregory Tangman, John Baker, Michael Atkinson, Keith Rubach, Michael Melvin, James Cox, Adella Jordan-Luster, Rick Orr, Roger Walker, Stephen Mote, Melody Ford, Corey Wilson, James Allen, Josephina Torrez-Brady and Christopher Brady.

The plaintiff's surviving claims against these defendants are as follows:

a) Defendant Scrogum used excessive force on December 7, 2002.

b) Defendant McCormick failed to protect the plaintiff on December 7, 2002.

c) Defendant Ganieany violated the Eighth Amendment when he threw urine on the plaintiff on December 7, 2002.

d) Defendants Ganieany and McCormick used excessive force on December 12, 2002

e) Defendant Altenbomer failed to protect the plaintiff on December 12, 2002.

f) Defendants Ganieany, McCormick and Altenbomer were deliberately indifferent to the plaintiff's serious medical condition on December 12, 2002.

g) Defendants Scrogum, Altenbomer and Ganieany used excessive force on December 26, 2002.

h) Defendants Allen, Kutse, Melvin and Austin were deliberately indifferent to the plaintiff's serious medical condition on December 26, 2002.

i) Defendants Scrogum and Altenbomer used excessive force on January 15, 2003.

j) Defendant Altenbomer violated the Eighth Amendment when he spit in the plaintiff's face on April 30, 2003.

k) Defendant Tangman violated the Eighth Amendment on June 15, 2003 when he threw a bleach-like substance in the plaintiff's face.

l) Defendant Brady was deliberately indifferent to the plaintiff's serious medical condition on June 15, 2003.

m) Defendants Rubach, Baker, and Akinson used excessive force on August 17, 2003.

n) Defendants Rubach and Williams were deliberately indifferent to the plaintiff's serious medical condition on August 17, 2003.

o) Defendants McCormick, Scrogum, Mote, Dallas, Melvin, Luster, Cox, Wilson, Orr, Ford and Walker violated the Eighth Amendment when they were informed of the beatings and took no action.

p) The remaining defendants retaliated against the plaintiff for his grievances and complaints concerning the beatings and harassment. The retaliation included excessive force, denial of meals, tampering with meals and threats.

The claims are against the defendants in their individual capacities only.

The court instructed the remaining defendants to file a well-supported motion for summary judgment addressing many of these claims prior to trial. See September 8, 2006 Court Order. The court stated that while the defendants may not be able to address the plaintiff's claims of excessive force, the motion should address the plaintiff's claims of failure ...


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