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Civil Rights: Other | Kentucky Eastern
Judgment
JUDGMENT: 1. The Motion for Summary Judgment filed by Defendants Bluegrass Regional Recycling Corporation, Michael A. Mills, Dewayne F. Weaver, Darrell Neace, Mark Middleton and Joseph Perry, [R. 47 ], is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED to the extent these defendants seek dismissal of Plaintiffs' deliberate indifference claim (Count I). The Court grants judgment in their favor on Plaintiffs' § 1983 claim for deliberate indifference (Count I). b. The motion is DENIED to the extent these defendants seek judgment in their favor on Plaintiffs' remaining state law claims for negligence/gross negligence (Count II), wrongful death (Count III), and loss of parental consortium (Count IV). 2. The Motion for Summary Judgment filed by Defendant Timothy Poynter, [R. 56], is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED to the extent Defendant Poynter seeks dismissal of Plaintiffs' deliberate indifference claim (Count I). The Court grants judgment in Defendant Poynter's favor on Plaintiffs' § 1983 claim for deliberate indifference (Count I). b. The motion is DENIED to the extent Defendant Poynter seeks dismissal of Plaintiffs' remaining state law claims for negligence/gross negligence (Count II), wrongful death (Count III), and loss of parental consortium (Count IV). 3. Plaintiffs' remaining state law claims (Counts II, III, and IV) are DISMISSED WITHOUT PREJUDICE as to all Defendants. Signed by Judge Claria Horn Boom on 9/29/2023.(MM)cc: COR
Memorandum Opinion and Order Terminate Motions
MEMORANDUM OPINION & ORDER: 1. The Motion for Summary Judgment filed by Defendants Bluegrass Regional Recycling Corporation, Michael A. Mills, Dewayne F. Weaver, Darrell Neace, Mark Middleton and Joseph Perry, [R. 47 ], is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED to the extent these defendants seek dismissal of Plaintiffs' deliberate indifference claim (Count I). These defendants are entitled to judgment in their favor on Plaintiffs' § 1983 claim for deliberate indifference (Count I). b. The motion is DENIED to the extent these defendants seek judgment in their favor on Plaintiffs remaining state law claims for negligence/gross negligence (Count II), wrongful death (Count III), and loss of parental consortium (Count IV). 2. The Motion for Summary Judgment filed by Defendant Timothy Poynter, [R. 56 ], is GRANTED IN PART and DENIED IN PART. a. The motion is GRANTED to the extent Defendant Poynter seeks dismissal of Plaintiffs' deliberate indifference claim (Count I). Defendant Poynter is entitled to judgment in his favor on Plaintiffs' § 1983 claim for deliberate indifference (Count I). b. The motion is DENIED to the extent Defendant Poynter seeks dismissal of Plaintiffs' remaining state law claims for negligence/gross negligence (Count II), wrongful death (Count III), and loss of parental consortium (Count IV). 3. Plaintiffs' remaining state law claims (Counts II, III, and IV) are DISMISSED WITHOUT PREJUDICE as to all Defendants. 4. A separate judgment shall follow. Signed by Judge Claria Horn Boom on 9/29/2023.(MM)cc: COR
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