Chaplin v. Maas

Full title: WALTER CHAPLIN, Plaintiff, v. DANIEL MAAS, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA HARRISONBURG DIVISION

Date published: Mar 26, 2013

Civil Action No. 5:12cv30028 (W.D. Va. Mar. 26, 2013)

Opinion

Civil Action No. 5:12cv30028

03-26-2013

WALTER CHAPLIN, Plaintiff, v. DANIEL MAAS, et al., Defendants.

Michael F. Urbanski

By: Michael F. Urbanski

United States District Judge

ORDER

This matter was referred to the Honorable B. Waugh Crigler, United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for proposed findings of fact and a recommended disposition. The magistrate judge filed a report and recommendation on February 1, 2013, recommending that defendants' motion to dismiss be granted with respect to the claims against Officer Daniel Maas and denied with respect to the claims against Deputy Joe Tyree and Sheriff Randall Fisher; recommending that defendants' motion for summary judgment be denied as moot as to the claims against defendant Maas and granted in part and denied in part as to the claims against defendants Tyree and Fisher; and recommending that defendants Maas and Fisher be dismissed from this action. Defendants and plaintiff filed objections to various portions of the report and recommendation.

The court has carefully reviewed the magistrate judge's report, all objections to the report, the pertinent portions of the record, and the relevant legal authority and, in so doing, made a de novo determination of those portions of the report to which objections were made. The court concludes that the magistrate judge's report is substantially correct. Accordingly, the court ADOPTS the magistrate judge's recommendation in its entirety.

It is therefore ORDERED and ADJUDGED as follows: 1. Defendants' motion to dismiss (Dkt. # 9) is GRANTED in part and DENIED in part as follows:

a. Defendants' motion to dismiss is GRANTED as to plaintiff's claims against defendant Maas;
b. Defendants' motion to dismiss is DENIED as to plaintiff's claims against defendants Tyree & Fisher;

2. Defendant Maas is hereby DISMISSED from this action; 3. Defendants' motion for summary judgment (Dkt. # 11) is GRANTED in part and DENIED in part as follows:

a. Defendants' motion for summary judgment is DENIED as moot with respect to the claims against defendant Maas;
b. Defendants' motion for summary judgment on failure to exhaust grounds is DENIED with respect to the claims against defendants Tyree and Fisher;
c. Defendants' motion for summary judgment is GRANTED as to plaintiff's state law gross negligence claim raised against defendants Tyree and Fisher, because the claim is barred by the applicable statute of limitations;

4. Defendant Fisher is hereby DISMISSED from this action. The Clerk is directed to send a certified copy of this Order to counsel of record.

Michael F. Urbanski

United States District Judge