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Downing v. Graves

United States District Court, D. Nevada

June 6, 2014

CURTIS L. DOWNING, Plaintiff,
v.
JOHNNIE GRAVES, et al., Defendants.

ORDER

JAMES C. MAHAN, District Judge.

Presently before the court is defendants' motion to dismiss or, in the alternative, summary judgment. (Doc. # 43). The plaintiff responded (doc. # 58) and the defendants replied (doc. # 61).

I. Background

Curtis Downing (hereinafter "plaintiff") a pro se litigant in the custody of the Nevada Department of Corrections ("NDOC") filed this action pursuant to 42 U.S.C. § 1983. (Doc. #9 and #10). The events that gave rise to this action took place while plaintiff was housed at Southern Desert Correctional Center ("SDCC") from March 2010 to December 2012. Id.

On January 31, 2013, the court screened his complaint pursuant to 28 U.S.C. § 1915A(a). (Doc. # 8). The court recognized eleven counts against thirteen individual defendants; one claim was dismissed with prejudice and six defendants were dismissed from suit and/or not accused of any claims which survived the court's screening . Id.

The following eleven claims remain:

Count three (3): First Amendment retaliation claim against defendants Williams and Cox for allegedly denying the plaintiff's appeal of a disciplinary finding of guilt for charging other inmates legal fees for assisting with their legal pursuits.

Count four (4): First Amendment retaliation claim against defendant Wilson for allegedly initiating a false notice of charging for charging legal fees.

Count six (6): (a) First Amendment retaliation claim against defendants Howell and Williams for allegedly moving plaintiff to different housing and then to a different prison for filing grievance claims about housing conditions; and (b) a conspiracy claim against defendant Cox for refusing to reverse the aforementioned allegedly retaliatory actions.

Count seven (7): (a) First Amendment retaliation claim against defendant Williams for allegedly recommending false charges be brought against plaintiff for abuse of grievance procedures in retaliation for filing grievances; and (b) a conspiracy claim against defendant Foster for issuing a false notice of charges based on those recommendations.

Count eight (8): First Amendment retaliation claim against defendant Romero for allegedly ransacking the plaintiff's cell and issuing a false notice of charges against plaintiff for theft, in retaliation for filing grievances.

Count eleven (11): failure to train claim against Cox for allegedly failing to train officers under his control in proper use of the Nevada Department of Corrections disciplinary and grievance procedures.

Supplemental count: First Amendment retaliation claim against Meranza for allegedly conducting a search of the plaintiff's cell and confiscating his property in retaliation for ...


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