Summary
denying defendants' motion to dismiss on the grounds that the plaintiff's allegations that "he is being denied adequate treatment for his mental illness and is being punished for being mentally ill by being placed in a "23-1 hour isolation" cell with 'supermax' conditions" and that "mentally ill inmates are improperly mixed in with non-mentally ill inmates, and that untrained corrections officers are used to perform suicide watches and distribute mental health medications" stated a deliberate-indifference claim under 42 U.S.C. § 1983
Summary of this case from Hamby v. HallOpinion
Case Number: 1:06cv863.
January 29, 2009
ORDER
This matter is before the Court pursuant to the Order of General Reference in the United States District Court for the Southern District of Ohio Western Division to United States Magistrate Judge Timothy S. Hogan. Pursuant to such reference, the Magistrate Judge reviewed the pleadings and filed with this Court on September 30, 2008 a Report and Recommendation (Doc. 14). Subsequently, Defendants Nixon-Hughes, Huffman, Collins, Prise and Newsome filed objections to such Report and Recommendation (Doc 20).
The Court has reviewed the comprehensive findings of the Magistrate Judge and considered de novo all of the filings in this matter. Upon consideration of the foregoing, the Court does determine that such Recommendations should be adopted.
Accordingly, Defendants' Motion to Dismiss (Doc. 11) is DENIED.