Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Ajaj v. United States

United States District Court, S.D. Illinois

July 11, 2017

AHMAD M. AJAJ, Plaintiff,
v.
UNITED STATES OF AMERICA, et al., Defendants.

          MEMORANDUM AND ORDER

          J. PHIL GILBERT, DISTRICT JUDGE

         This matter comes before the court on the Report and Recommendation (“R & R”) (Doc. 115) of Magistrate Judge Reona J. Daly with regard to the following:

Plaintiff's Motion for Appointment of Counsel (Doc. 82);
Defendants' Motion to Dismiss for failure to State a Claim or in the alternative, Motion for Summary Judgment (Doc. 84);
Plaintiff's Motion to Stay the Filing of Plaintiff's Response to Defendants' Motion to Dismiss (Doc. 90);
Plaintiff's Motion for Order Directing defendants' Attorney to Serve Plaintiff a Clear and Legible Copy of All Attachments to Defendants' Motion to Dismiss (Doc. 98);
Plaintiff's Motion for an Order Directing the U.S. Marshals to Serve Defendants with Amended Complaint (Doc. 100);
Plaintiff's Motion to Strike All the Attachments to Defendants' Motion to Dismiss or in the alternative, Motion to Convert the Motion to Dismiss to a Motion for Summary Judgment and allow the plaintiff to Conduct Discovery prior to responding (Doc. 101);
Plaintiff's Motion to Strike All the Arguments Raised on Behalf of the Defendants (Doc. 102);
Plaintiff's Motion to Amend/Correct Amended Complaint (Doc. 104);
Plaintiff's Motion to Notify the Court that Defendants' Response is Illegible (Doc. 106);
Defendant Patterson's Motion to Dismiss (Doc. 108); and
Defendant Allen's Motion for Joinder (Doc. 109).

         Also before the Court is Plaintiff's Motion (Doc. 135) to take Judicial Notice.

         1. Background.

         Plaintiff is an inmate currently incarcerated at ADX- Florence U.S. Penitentiary in Florence, Colorado. This action arose while the plaintiff was incarcerated at the U.S. Penitentiary in Marion, Illinois and generally alleges that the plaintiff was subject to a pattern and practice of excessive force and harassment; that plaintiff was subject to conditions of confinement that exacerbated his medical conditions; and that he was transferred to a facility without consideration of medical needs due to defendants' prejudice against plaintiff's race, religion, ethnicity, national origin and political beliefs. (Doc. 22).

         2. Procedural History.

         Upon threshold screening of plaintiff's first amended complaint (Doc. 18), the plaintiff was allowed to proceed on the following claims:

Count 1: Defendants Fozzard, Roal, Hollingworth, Baney, Parent, Neumann, Szoke, Rivas, Cardona, Patterson, and Howard, and by implication the United States and Bureau of Prisons, subjected Plaintiff Ajaj to excessive force and harassment in violation of the Eighth Amendment, the Equal Protection Clause of the Fourteenth Amendment, Federal Tort Claims Act, the APA and the Alien Tort Claims Act;
Count 2: Defendants Roal, Hollingworth, Baney, Parent, Davis, Scofield, Harvey, Irvin, Neumann, Fozzard, Szoke, Rivas, Cardona, Allen, Patterson, Alexander, Winklmeier, Kendig Howard and McCleary, and by implication the United States and the Bureau of Prisons, subjected Plaintiff to conditions of confinement, including the denial of proper medical care, in violation of the Eighth Amendment, the Equal Protection ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.